Effective Adjudication through Administrative Appeals in Slovenia

Polona Kovač

doi:10.18352/ulr.235

Abstract

The Utrecht Law Review is an open-access peer-reviewed journal which aims to offer an international academic platform for cross-border legal research. In the first place, this concerns research in which the boundaries of the classic branches of the law (private law, criminal law, constitutional and administrative law, European and public international law) are crossed and connections are made between these areas of the law, amongst others from a comparative law perspective. In addition, the journal welcomes research in which classic law is brought face to face with not strictly legal disciplines such as philosophy, economics, political sciences and public administration science.The journal was established in 2005 and is affiliated to the Utrecht University School of Law. If you wish to receive e-mail alerts please join the mailing list.

Highlights

We address the issue of the ways and extent to which the administrative appeals procedure contributes to good governance and the effective adjudication of conflicts between administrative authorities and citizens in Slovenia
Administrative procedures are a multifaceted tool for ensuring balance between the rights of parties in their relations with the authorities, and effective implementation of public policies
Pursuant to Slovene legislation, an appeal is, as a general rule, admissible and suspensory if not excluded, and given the suspensory effect of sector-specific law, always devolutionary, which makes it an effective legal remedy according to empirical analysis within general administrative units and regarding building permits, as shown in this study

Summary

Introduction

The Slovene administrative framework Slovenia underwent deep-seated social changes, starting from independence in 1991 and full membership of the EU in 2004, which led to political and economic transition to a post-socialist system. After the finality of an administrative act as decided by the Administrative Court or the appellate Supreme Court, parties have the possibility to pursue the matter before the Constitutional Court as well as the European Court of Human Rights. This sometimes makes the protection of parties’ rights rather difficult since in order to have access to court the parties must exhaust all prior remedies,[5] which is often quite ineffective due to the months-long procedures

On the effectiveness of the administrative appeal

The characteristics of an administrative appeal in Slovenia

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Findings

Conclusions