Suchergebnisse

This paper show why the standardization of administrative procedure is important for the state legal system that, in the last two decades, the administrative procedure codes were adopted in almost all of the European states. Afterwards author analyzed main driving forces for development of administrative procedural law at the level of the European Union and the Council of Europe. The most important legal sources of European administrative procedural law (basic standards, principles, recommendations and guidelines in this area) are concisely presented but it is clearly indicated that there are certain ambiguities, that these sources don't apply equally to all institutions of the Union, and that they still don't make finished, complete and forever given system that can be automatically transferred to jurisprudence of the member states and candidate countries. Moreover, often administrative process laws of the member states contain rules that are not existing in this kind of regulation at European Union level and that is why the process of adopting the first European Union general law on administrative procedure was initiated, which would further improve the standards of European administrative process in general. When it comes to the general administrative procedure of the Republic of Serbia it has been shown that in spite of the strategic orientation towards the reform of the Law on Administrative Procedure expressed in numerous strategies, our executive authorities in this area have not yet moved beyond the development of the third version of the Draft Law on General administrative Procedure which was afterward adopted by the Government as the Bill. In his final remarks the author concludes stating that the largest number of European standards of administrative process are included in the final version of the Draft, but without eliminating the shortcomings of the existing Law, and without normative adjusting to the circumstances in which the Serbian administration operates, and with unnecessary abandonment of some solutions that have proved to be right in the decades-long practice of administrative authorities.

Abstract. The Covid-19 pandemic has transformed our
society, with administrative procedures – as relationships between public authorities and citizens and businesses – being no exception. Still, the innovative digitalisation of such procedures means the 58 administrative
units across Slovenia have been able to develop a responsive administrative system. Using normative, descriptive
and statistical research methods, the article identifies the
relevant drivers and barriers, like user demands leading to a more responsive service, the lack of legal bases,
and the top-down approach discouraging progress.
Correlation analysis shows that digitalisation also holds
important positive implications for the principles of good
governance. Moreover, larger administrative units are
more likely to achieve a higher degree of digitalisation
and hence better public governance. The findings are
useful for designing evidence-based public policies to
properly respond to pandemic-associated challenges.
Keywords: public administration, administrative procedures, Covid-19, good public governance, innovation,
digitalisation, Slovenia

In this paper, the author points to the outdated textbook classification of states into three groups, according to whether they have carried out the codification of administrative procedure or not. The first group includes the states that have administrative procedures fully codified. The second group comprises the states with the so-called mixed systems, which have uncodified procedural regulations related to the administration, while the third group contains a few states that do not have administrative procedural regulations at all. The author analyzes recent changes in this highly dynamic field in order to specify general patterns, common characteristics and peculiarities of regulations of general administrative procedure in contemporary states. The paper especially points to the general acceptance of the concept of administrative act but also underscores the differences in its content in various legal systems. The author has identified and analyzed some smaller standalone trends, such as: the increasing complexity of administrative procedures along the lines of judicial procedures, and the most recent deviations from this trend; the increasing presence of administrative contracting and other forms of alternative dispute resolutions of administrative matters; and the growing insistence on the principle of citizens' participation in administrative proceedings. The goal of the analysis is to determine the degree of influence of the Global and European administrative law on the national regulations, to explore the activities of certain expert organizations bringing together a number of experts in the field of comparative administrative law, and to discuss the course of the latest regulations in this area.

A decade ago, Serbia has carried out the reform of judicial control of public administration - by establishing the new Administrative Court. The expected results, however, have not been achieved and the problems that caused the reform have not been resolved. Therefore, a decade later, a new reform is in sight. The planned changes include establishing more administrative courts and introducing a two-instance administrative dispute. The aim of this paper is to discuss these changes, but in a slightly different way. Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute. Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes.

At the end of 2012 and the beginning of 2013, the Serbian Government issued the new national regulations in order to provide an acceptable legislation framework to achieve 2020 targets of 27% increase of total renewable energy sources share in the gross final energy consumption, relative to 2009. The target of a 37% increase relates to participation of renewable energy sources in electricity production. It requires construction of new significant capacities of renewable energy power plants as clearly defined in the National Action Plan for Renewable Energy Sources.This paper comprises critical analyses of targeted new installed capacity of renewable energy power plants for electricity production from different point of views, such as: new national energy policy, new national regulations, renewable energy sources potential in Serbia, efficiency of power plants and the investment financial models.According to the new national energy policy identified in the National Action Plan for Renewable Energy Sources, it is concluded that the new regulations related to the construction of new renewable energy power plants is completed, particularly concerning the investment security, provision of green electricity market, status of green electricity producer, and significant reduction of time for administrative procedures required to obtain a building permit. Particularly, the real wind potential in Serbia, based on the measured data over the past ten years of measurement campaigns at more than thirty locations, has been used to correct the targeted installed capacity of wind power plants. ; At the end of 2012 and the beginning of 2013, the Serbian Government issued the new national regulations in order to provide an acceptable legislation framework to achieve 2020 targets of 27% increase of total renewable energy sources share in the gross final energy consumption, relative to 2009. The target of a 37% increase relates to participation of renewable energy sources in electricity production. It requires construction of new significant capacities of renewable energy power plants as clearly defined in the National Action Plan for Renewable Energy Sources.This paper comprises critical analyses of targeted new installed capacity of renewable energy power plants for electricity production from different point of views, such as: new national energy policy, new national regulations, renewable energy sources potential in Serbia, efficiency of power plants and the investment financial models.According to the new national energy policy identified in the National Action Plan for Renewable Energy Sources, it is concluded that the new regulations related to the construction of new renewable energy power plants is completed, particularly concerning the investment security, provision of green electricity market, status of green electricity producer, and significant reduction of time for administrative procedures required to obtain a building permit. Particularly, the real wind potential in Serbia, based on the measured data over the past ten years of measurement campaigns at more than thirty locations, has been used to correct the targeted installed capacity of wind power plants.

Agamben's paradoxical treatments of potentiality seem to leave little room for any robust theory of the subject, political or otherwise. His Aristotelian conception of potentiality entails, in the highest instance, "that potentiality constitutively is the potentiality not to (do or be)," which suggests that even if potential is realized, it is realized only by its lack of activity. Agamben's Aristotelianism is a thread that runs throughout his work, and by looking back to The Man Without Content, particularly his discussion of Marx, it is clear that the framework of potentiality means that it is impossible for him to see in Marx anything other than an odd combination of a "metaphysics of will", and man simply as a kind of natural, living being. This in turn shapes his later discussion in Homo Sacer of the entry of zoe into the polis, which founds Agamben's entire claim vis-a-vis bare life. His wager, namely that the question "In what way does the living being have language?" corresponds exactly to the question "In what way does bare life dwell in the polis?", equates the living being with its political, linguistic, and natural potentialities so completely that there seems to be no room for any kind of historically anomalous or collectively unprecedented subject, one that would break with history or disrupt everyday order. Agamben's work could easily be criticized from the standpoint of a Marxism that would stress the constructed nature of human potential and the necessity to think through forms of organization from within shifts in the nature of work. However, in order to stay closer to Agamben's Aristotelianism, it is far more productive to compare him to a thinker for whom questions of linguistic capacity and politics are also central, and also stem from a certain complex relation to naturalism, namely Paolo Virno. This paper will thus, via a careful reading of Agamben's Aristotelian conception of praxis and potentiality alongside Virno's work on the relation between language and labor, demonstrate the constitutive reasons why Agamben cannot consider any kind of substantial notion of the subject, and why Virno's more nuanced conception of capacity, which draws upon both rationalist and naturalist theories of the subject might constitute a more relevant alternative. Adapted from the source document.

Local government is a complex system of management (Holding Company) that directly provides various services to the local community or operates a service delivery system, of a "higher" managerial (political, economic, social) level. The services provided in local government are very numerous and different in character. In this multitude of services, utilities can be considered as the local government services in the narrow sense. Utilities are services provided by local governments that meet the needs and interests of citizens and organizations. All utilities are, in fact, activities providing utilities, that is, services provided by local governments, through their bodies, organizations and services. The actions that implement these utilities are expertly technical actions and procedures, but what precedes the undertaking of these utilities is determined by the General Administrative Procedures Act (GAPA). Therefore, the provision of public utilities has its own expert and technical aspect, as well as administrative, which accompanies it before, during and after, in terms of utility services management. The optimization of administrative procedures has become an important goal of administrative reform in many countries and involves a number of measures. What is primary is determining administrative costs and burdens, which are a significant barrier to business as well as meeting citizens' daily needs. After enlisting of the administrative procedures, it is necessary to analyze and then optimize the administrative procedures related to communal services, in order to determine which procedures need to be simplified and which should be abolished. After the analysis has been carried out, the proposal will be prepared for the amendment, or simplification of administrative procedures, as well as the eventual abolition of those that are unnecessary. ; Published

The paper analyzes the regulation of the institute of the test procedure, especially institutes simplified procedure, as well as administrative actions to the decision in the Law on Administrative Procedure of the Republic of Srpska. Specially processed actions authorized officials in this part of the administrative procedure, which can take place to resolve the administrative matter.Thus, first, in the preamble emphasizes the importance that arranging direct solving has to conduct efficient and cost-effective administrative procedures. In the central part of the shortened institutes and special examination procedures are analyzed in detail, with particular attention paid compared institute immediate resolution of the Institute a summary procedure . In conclusion, the paper briefly discusses the work point out the basic problems and theses, and stresses the duty of officials and that when immediate resolution of protecting the rights of the parties.

The current debate on the crisis of democracy needs firm epistemological premises for the interpretation of election results and the manifestation of power as consent. In the article, a biopsychosocial model of hegemony is presented as a tool for the manifestation of power in the human mind. Hegemony as conceptualised by Gramsci is developed with the concept of power as both repression or spontaneous generation, as proposed by Foucault. The concept is developed with the paradigm of the embodied mind and insights from psychology and neuroscience about memory formation and meaning creation, stressing the role played by emotions in the process. Keywords: hegemony, morality, emotions, elections, biopsychosocial model, mental representations, embodied mind

Pojem administrativna ovira lahko razložimo kot nekaj, kar lahko posamezniku ali organizaciji onemogoča doseganje zastavljenih ciljev v njegovem vsakdanjem življenju. Posebno pozornost v magistrski nalogi smo tako namenili predstavitvi različnih evropskih programov, ki se ukvarjajo s problematiko zmanjševanja administrativnih ovir tako na nivoju EU, kot tudi na nacionalni ravni držav članic. V okviru magistrske naloge smo se osredotočili ravno na črpanje sredstev kohezijske politike EU ter na podlagi podatkov raziskave poskušali pokazati, kje se še možnosti za odpravo administrativnih ovir ter kje so tiste slabosti oz. ovire, ki jim do sedaj nismo pripisovali dovolj velike pozornosti, čeprav se v procesu administrativnega vodenja projektov z njimi vsakodnevno srečujemo. Na ta način bomo dosegli še dodatno poenostavitev postopkov in povečali uspešnost pri črpanju sredstev iz strukturnih skladov EU. V nalogi obravnavani raziskovalni problem, se nanaša na upravljanje s projekti v fazi njihovega izvajanja, v okviru katerega smo se osredotočili na administrativno in finančno poročanje. Z izvedeno raziskavo smo preučili tri sklope vprašanj, ki se nanašajo na administrativne ovire pri projektnem poročanju, organizacijsko strukturo kohezijske politike in rezultate uspešnosti Slovenije pri črpanju sredstev evropske kohezijske politike. Slovenija je primerljivo uspešna z drugimi evropskimi državami pri črpanju sredstev EU, kar smo v sklopu izvedene raziskave dokazali na podlagi analize absorbcijske uspešnosti kohezijske politike. Prav tako Slovenija izkazuje nizek delež administrativnih stroškov glede na ocenjene vrednosti povprečnega deleža bruto domačega proizvoda, ki ga predstavljajo administrativni stroški in je v tem kriteriju izmed primerjanih držav najuspešnejša. S problemom črpanja evropskih sredstev so se ukvarjale vse zadnje slovenske vlade, zlasti v finančni krizi pa so nekako končno priznale, da so to pravzaprav edina dodatna razvojna sredstva, ki jih država lahko pridobi, od njene usmerjenosti in absorbcijske sposobnosti pa je hkrati tudi odvisno, kako uspešno jih bo uspela počrpati. ; The concept of an administrative burden can be explained as something that makes it impossible for an individual or organization to achieve the objectives pursued in their everyday life. Special focus of this master thesis is dedicated to the presentation of different European programs which deal with the problem of reducing administrative burdens at the EU level and also at the national level of individual Member States. The present master thesis focuses particularly on the absorbtion of funds of the EU cohesion policy, and on the basis of the research data attempts to show where there is still potential for the reduction of administrative burdens and where there are those weaknesses or barriers that have not yet received enough attention, although we face them daily in the process of administrative management. In this way we can achieve further simplification of the procedures and enhance efficiency in the disbursement of funding from the EU Structural Funds. The research problem of the thesis relates to the management of projects at the stage of their implementation, in which we focus on administrative and financial reporting. During the survey we considered three main questions related to administrative burdens in the phase of project reporting, organizational structure of the cohesion policy and on the results of the Slovenian performance in the absorbtion of EU cohesion policy funds. Slovenia shares comparable success with other European countries in absorbing EU funds, which was proved on the basis of the analysis of absorbtion efficiency of the Cohesion policy carried out in the framework of this research. Slovenia also shows a considerably low share of administrative costs in relation to the estimated value of the average share of the gross domestic product represented by these administrative costs. In terms of this criterion Slovenia is the most successful country from the countries we compared. All the recent Slovenian Governments have dealt with issues relating to the absorbtion of European funds, especially during the last financial crisis, when they finally recognized that these funds are actually the only additionally available developmental funds the state can obtain. The state's orientation and absorbtion capacity will thus show how successful it will be in the future in absorbing these funds.

Magistrsko diplomsko delo z naslovom Glavna obravnava v upravnem sporu kot človekova pravica celovito obravnava vprašanje (ne)izvedbe glavne obravnave v upravnem sporu. Mednarodni in slovenski predpisi predvidevajo javne sodne postopke z neposrednim ustnim obravnavanjem zadev. Prvi odstavek 6. člena Evropske konvencije o varstvu človekovih pravic in temeljnih svoboščin določa, da je javna obravnava sestavni del pravice do poštenega sojenja. Ustava Republike Slovenije posredno ureja glavno obravnavo v upravnem sporu, in sicer zlasti v 22. členu (enako varstvo pravic), 23. členu (pravica do sodnega varstva) in 24. členu (javnost sojenja). Glavno obravnavo kot zakonsko materijo podrobneje urejajo določbe Zakona o upravnem sporu in Zakona o pravdnem postopku. Izhajajoč iz ugotovitev Evropskega sodišča za človekove pravice, Ustavnega sodišča Republike Slovenije in Vrhovnega sodišča Republike Slovenije v magistrskem diplomskem delu zagovarjam dosledno izvedbo glavne obravnave, predvsem v primeru spornega dejanskega stanja in ko stranka njeno izvedbo izrecno zahteva. Vrhovno sodišče Republike Slovenije in Ustavno sodišče Republike Slovenije sta v novejši sodni praksi zavzela enotno stališče, da ima glavna obravnava v upravnem sporu enako naravo in smisel kot glavna obravnava v katerem koli drugem sodnem postopku. Ustavno sodišče Republike Slovenije je pravico do glavne obravnave v upravnem sporu opredelilo kot samostojno človekovo pravico, ki jo zagotavlja 22. člen Ustave Republike Slovenije. Pravica ni absolutna, zato morajo biti posegi vanjo zakonsko določeni ter prestati ustavna testa legitimnosti (tretji odstavek 15. člena Ustave Republike Slovenije) in sorazmernosti (2. člen Ustave Republike Slovenije). ; The master's thesis titled The main hearing in an administrative dispute as a human right comprehensively deals with issues regarding decision-making in an administrative dispute. International and Slovenian legal acts envisage public legal procedures with direct oral proceedings. The right to an oral hearing is an integral part of the right to a fair trial, as guaranteed by Article 6 of the European Convention on Human Rights. The Constitution of the Republic of Slovenia indirectly regulates the right to a main hearing in an administrative dispute, especially in Article 22 (Equal Protection of Rights), Article 23 (Right to Judicial Protection) and Article 24 (Public Nature of Court Proceedings). The right to a main hearing is specified in the Administrative Dispute Act and the Contentious Civil Procedure Act. Building on the findings of the European Court of Human Rights, the Constitutional and the Supreme Court of the Republic of Slovenia, the master's thesis advocates for the consistent execution of the main hearing, particularly in cases where facts are being disputed and when a party explicitly demands it. The Constitutional and the Supreme Court of the Republic of Slovenia agreed that the main hearing possesses the same nature and meaning in an administrative dispute as it does in any other judicial proceeding. The Constitutional Court of the Republic of Slovenia has declared the right to a main hearing in an administrative dispute as an independent human right, which is guaranteed by Article 22 of the Constitution. As the right is not absolute, the absence of the main hearing is only permissible in duly justified cases prescribed by law and when the Constitutional tests of legitimacy (paragraph 3 of Article 15 of the Constitution) and proportionality (Article 2 of the Constitution) are passed.

Avtorica v magistrskem delu obravnava vpliv Listine Evropske unije o temeljnih pravicah na upravni postopek v državah članicah. V začetku prikaže razvoj varstva temeljnih pravic v okviru Skupnosti, zatem podrobneje predstavi temeljne značilnosti Listine ter povzame ugotovitve o uporabi Listine v državah članicah, ki izhajajo iz poročil o temeljnih pravicah Agencije Evropske unije za temeljne pravice. Že v začetnih poglavjih na relevantnih mestih opozori na prednosti in slabosti Listine, ki bi utegnile vplivati na upravni postopek. V nadaljevanju se posveti kritični obravnavi vpliva, ki ga imata na nacionalni upravni postopek dve najbolj procesno naravnani pravici iz Listine, in sicer pravica do dobrega upravljanja (41. člen Listine) in pravica do učinkovitega pravnega sredstva in nepristranskega sodišča (47. člen Listine). Nato na primerih iz sodne prakse Sodišča Evropske unije in nacionalnih sodišč prikaže, kako Listina vpliva na ugotovitveni postopek, obveznosti upravnih organov pred izdajo odločbe, možnost sodne kontrole nad upravnimi akti ter na pravnomočno zaključene zadeve. ; The thesis examines the impact of the Charter of Fundamental Rights of the European Union on the administrative procedure in Member States. In the introductory chapters, the developments in the protection of fundamental rights within the European Communities are outlined and the main features of the Charter are presented in greater detail. The key findings on the application of the Charter in the Member States are drawn from the annual fundamental rights reports that are prepared by the European Union Agency for Fundamental Rights. Throughout the entire thesis, strengths and weaknesses of the Charter that would have a significant impact on the administrative procedure are referenced where relevant. Further on, the Author critically examines the impact of the right to good administration (article 41 EU Charter) and the right to an effective remedy and to a fair trial (article 47 EU Charter), both of procedural character, on the national administrative procedure. Finally, referring to examples acquired from the recent case law of the Court of Justice of the European Union and national case law, the Author demonstrates how the Charter impacts the fact assessment procedure, the obligations of administrative bodies throughout the proceeding, the possibility of judicial review of administrative action and the impact on final administrative decisions.

The war in Kosovo and Metohia was the result of a decade long tensions between ethnic Serbs and Albanians. It was led from the air in order to avoid more potential victims in case of land invasion. The end of war was the result of mutual concessions: from NATO side and the Serbian one. The sovereignty of FRY was not put into question, but a great autonomy of Kosovo was predicted including the possibility of independence acquisition (secession). The Resolution 1244 was not abolished, but it was being derogated in order to prepare the fundament of Kosovo independence. Serbian military-security forces were withdrawn from the territory of Kosovo and Metohia. NATO intervention was not legal from the point of view of international law, but it subordinated sovereignty to human rights. Intervention was justified in cases of humanitarian need. Event though humanitarian need (catastrophe) is taken as the basis for the intervention, the example of such kind could not be found in the past. So, Kosovo cases were qualified as sui generis one. Thus, the war in Kosovo became an example to be followed in the future, and an unresolved situation may become the threat to the peace and security in the surrounding countries. Democratic countries give themselves the right to interfere and intervene into internal affairs of others differently from the autocratic ones, which was supposed to be neither correct nor consistent. Kosovo conflict and war rattled global power structure, especially with China and Russia as new challengers of the USA power. Both countries are trying hard to reach USA, but they are still in transition with unstable financial systems, migrations and unresolved system of social protection. Regarding Kosovo conflict and war, they engaged themselves rather indirectly than directly. As Security Council permanent members they were voting against the independence of Kosovo, but did not involve themselves into the war directly. Kosovo war showed how China is backward regarding war technique, and Russia regarding financial engagement. In addition, China expected membership in WTO, and Russia a great financial assistance. Russia engaged in negotiations via the Contact Group. With the arrival of Putin, Russia could not engage in Balkan more militarily but only commercially due to the fact most Balkan countries entered NATO or Partnership for Peace Programme. Internal cohesion of Russia with centralistic governance was reinforced, and ethnic tensions were calmed down. The perspective of Russia is United Nations and commerce through pipeline.