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  • Effectiveness of public and private legal interestsʼ protection in Slovene administrative proceedings - from conflictsʼ adjudication to ADR as per agreement? [Elektronski vir]
    Kovač, Polonca, 1971-
    Administrative proceedings are classically understood as a framework for balancing and resolving collisions between public and private legal interests of natural and legal persons in their relation ... towards (administrative) authorities. In order to design and implement more effective public policies and at the same time effectively protect human and other individual rights, it is necessary to develop new forms of decision making. Pure authoritative - albeit not arbitrary - decision making does not comply with contemporary participative democracy and good government/governance modes. Likewise, account is to be taken of the strongly scarce resources of administrative agencies and courts. Additionally, there is a significant problem of backlogs in administrative proceedings and (administrative) courts workload that prevent decisions to be made in reasonable time according to the ECHR. The present research has been carried to establish the scope and depth of the problem of effectiveness in such area in Slovenia, focusing on the effective use of mandatory appeal as a precondition for judicial review and on parallel approaches, such as mediation and procedures involving the ombudsman. The analysis is based on the characteristics of Slovene general law on administrative procedure and the common state administrative statistics for 2007-2011, with detailed insights into selected problem areas (e.g. collecting taxes, issuing building permits, deciding on pension insurance rights). The main findings confirm that the Slovene system is a classic system deriving from the Austrian heritage, which is generally efficient in preserving legally protected interests. Data point to a reduction of backlogs and highlight administrative appeal as an important selection criterion for further access to court. Yet the Slovene regulation and praxis indeed leave room for further modernisation to support dispute resolution per agreement and achieve good administration, which is simultaneously democratic and efficient. Such modes (e.g. mediation and administrative contracts) are to be developed in specific fields rather than under a general law owing to certain systemic impediments concerning the protection of public interest and legality on the basis of material truth in administrative relations.
    Source: EGPA Annual Conference, Bergen, Norway, 5.-8. september, 2012 [Elektronski vir]
    Type of material - conference contribution ; adult, serious
    Publish date - 2012
    Language - english
    COBISS.SI-ID - 3942574

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