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  • Human rights assurance principles in administrative procedures in selected Central and Eastern European countries [Elektronski vir]
    Sever, Tina, 1981- ; Rakar, Iztok ; Kovač, Polonca, 1971-
    Principles are fundamental value base of any legal regulation to be followed in its design and interpretation in any legal procedure. This paper explores administrative procedural law principles as a ... tool to make operational the basic constitutional safeguards for the protection of individuals from abuse of power. Since the modernization process of regulation of public administration (PA) is nowadays more heading towards reducing detailed rules on every step of PAʼs business process, i.e. administrative proceedings (AP), giving more emphasis on general principles, we analysed the development and the state of art of fundamental AP principles in general administrative procedures acts (GAPA) of selected countries : Slovenia, Croatia, Former Yugoslav Republic of Macedonia and Czech Republic. Despite common heritage of Austrian GAPA of 1925, countries took different approaches and pace as regards the reform of the APs; some taking more modernized or radical approach than the others. But all four GAPAs define very similar fundamental principles in introductory provisions, stating essential duties and guidance to the authorities when deciding in administrative matters, as well as certain rights of parties (legality, equality, proportionality, predictability, protection of partiesʼ rights, assistance to parties, hearing of the parties, right to a legal remedy) due to European convergence (Council of Europe, EU). However, there are so me differences in the assuranceof rights . The most modern regulated principles seem to be introduced by Croatia and Czech Republic with focusing on partnerships in administrative - legal relations (between the authority and the party) and good administration. The latter are de lege ferenda guidelines for other countries too to protect public interest and constitutional safeguards of the parties in administrative procedures.
    Source: "Regionalisation and inter-regional cooperation" [Elektronski vir]
    Type of material - conference contribution ; adult, serious
    Publish date - 2013
    Language - english
    COBISS.SI-ID - 4103598

    Link(s):

    http://www.nispa.org/files/conferences/2013/papers/201304091507040.NISPAcee2013Priniciples%20AP%20SelectedCentralSEE%20HRSeverRakarKova%C4%8D.pdf?fs_papersPage=9

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