Settlement as a Form of Alternative Dispute Resolution in Administrative Matters: The Case of Slovenia

Abstract

This article discusses settlement as an alternative method of resolving administrative matters in Slovenian law. Its main objective is to identify problems caused by the current regime and to propose some solutions. To achieve this aim, it relies in particular on the comparative and dogmatic research method. The author notes that – in contrast to many comparative law regimes – Slovenian law generally does not allow for settlement between an administrative authority deciding on an administrative matter and a party to an administrative procedure, but only for settlement between parties with opposing interests. Most administrative cases are thus still settled by an administrative decision. The author considers that a settlement between the administrative authority and a party to an administrative procedure should also be introduced into Slovenian law, but it should be limited only to certain administrative matters or only with respect to (part of) the content of the (later issued) administrative decision.