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Fakulteta za upravo, Ljubljana (VUSLJ)
  • Towards efficient administrative supervision through special inspection procedural rules [Elektronski vir]
    Kovač, Polonca, 1971-
    Administrative supervision and, in particular, its sub-category inspection have been established to ensure the efficient implementation of public policies. In such context, inspectors in different ... fields ex officio supervise and direct liable parties to carry out their activities in compliance with the values and rules enacted in special laws. Despite the primary goal of supervision being the protection of the public interest, also the (procedural) rights of the parties need to be balanced and proportionate in order to achieve good and democratic administration. Inspectors are even more efficient in the long run if they act preventively and as partners to the liable persons. For such purpose, Slovenia developed a special law bringing together specific rules that apply to administrative inspection procedures - the Inspection Act, in force since 2002. However, the dilemma arises whether such law or its individual rules and additional norms in special legislation comply with the fundamental principles of EU law, the Constitution, and the general Administrative Procedure Act. In fact, the rule-maker must follow a rather centralised codification with common minimum standards applying in any kind of administrative relation. On the other hand, special rules, adapted to individual administrative fields and type of administrative function to be conducted, are necessary. The Slovene Inspection Act has thus been analysed in order to determine whether and to what extent these are admissible with regard to the EU principles of equality and rights of defence. It has been concluded that several specifics - concerning additional fundamental principles (e.g. proportionality), the powers of the inspectors and measures to be taken in cases of violation of the law, and instant enforceability of measures and legal remedies - are mostly justified to efficiently serve the public interest.
    Vir: EGPA Annual Conference, Toulouse, 26.-28. August 2015 [Elektronski vir]
    Vrsta gradiva - prispevek na konferenci
    Leto - 2015
    Jezik - angleški
    COBISS.SI-ID - 4635566

    Povezava(-e):

    http://www.egpa-conference2015.org/programme/

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