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  • Principles of administrative procedure in selected CEE countries [Elektronski vir] : between national legacies and European trends
    Kovač, Polonca, 1971-
    Administrative procedures and the manner of their codification change over time, which also applies to the basic principles related thereto. The article presents the development of such principles in ... national APAs of Slovenia (from 1999), the Czech Republic (2004), Croatia (2009) and Hungary (2016), in line with EU development guidelines, particularly Article 41 of the EU Charter of Fundamental Rights that envisages the right to good administration. The basic principles embedded in national APAs constitute value-based guidelines that apply both to the drafting and to the interpretation of rules relevant for any type of administrative decisionand any stage of procedure. The author finds that more recent APAs in Central and Eastern Europe present an evident trend towards governing the administrative procedure and the basic principles more comprehensively, with due account of the more contemporary elements, such as proportionality among principles and cooperation among authorities. This points to a positive surpassing of the historical legacies of European development, although at the same time there is evidence ofinterference with the administrative procedure as a tool of democracy, mainly as a result of political aspirations or trends to increase the efficiency of public policies. Hence, in the Member States, classical and modernprinciples should be codified and interpreted holistically,in the light of the values of the EU.
    Type of material - conference contribution
    Publish date - 2019
    Language - english
    COBISS.SI-ID - 5357230