Svrha pravnih sredstava u upravnom sporu

Abstract

Legal remedies in administrative disputes are a paradoxical area of administrative procedure law. Although essentially inspired by the idea of protecting the rights, freedoms and obligations in administrative procedure, inadequate application of these legal remedies may result in a violation or obstruction of the fundamental rights and administrative procedure principles, and insufficient protection in administrative disputes. The paper examines the effectiveness of these remedies and addressed the following question: Can the current system of legal remedies in administrative disputes justify their legal purpose and presence in administrative procedure law? The negative response to this question would be the most reliable call for prospective reform. The administrative dispute goals are important for the legality principle, particularly in terms of the fundamental requirements of the "the rule of law" (as the key postulate of any democratically organized society) and the tendency of intensive and inevitable expansion of administration. The objectives of administrative disputes (administrative law judicial protection) are clearly defined in Article 1 of the Administrative Disputes Act. The Constitution recognizes and insists on the importance of legality of the administrative action, especially in decision-making on the rights, obligations and interests of individuals. Given the indisputable importance of implementing these goals and the relevance of this issue in the midst of extensive reforms of public administration and administrative justice, this paper provides a critical analysis of legal remedies in administrative disputes. Considering their realistic potential, the ultimate goal is to offer de lege ferenda solutions for the regulation of legal remedies in administrative disputes which would eliminate the drawbacks discovered in the research.