Title
Pravna sredstva u upravnom sporu
Creator
Milenković, Nevena 1988-
Copyright date
2020
Object Links
Select license
Autorstvo-Nekomercijalno-Bez prerade 3.0 Srbija (CC BY-NC-ND 3.0)
License description
Dozvoljavate samo preuzimanje i distribuciju dela, ako/dok se pravilno naznačava ime autora, bez ikakvih promena dela i bez prava komercijalnog korišćenja dela. Ova licenca je najstroža CC licenca. Osnovni opis Licence: http://creativecommons.org/licenses/by-nc-nd/3.0/rs/deed.sr_LATN. Sadržaj ugovora u celini: http://creativecommons.org/licenses/by-nc-nd/3.0/rs/legalcode.sr-Latn
Language
Serbian
Cobiss-ID
Theses Type
Doktorska disertacija
description
Datum odbrane: 17.10.2020.
Other responsibilities
mentor
Dimitrijević, Predrag 1959-
član komisije
Blažić, Đorđije
član komisije
Vučetić, Dejan
član komisije
Prica, Miloš
Academic Expertise
Društveno-humanističke nauke
University
Univerzitet u Nišu
Faculty
Pravni fakultet
Group
Katedra za javno-pravne nauke
Alternative title
Legal remedies in administrative dispute
Publisher
[N. R. Мilenković]
Format
419 str.
description
Administrative law science
Abstract (en)
The importance of the legally defined goals of the administrative dispute
for the realization of the administration legality principle as an elementary
requirement for the "rule of law" - a key postulate of any democratically
organized society, especially in constellation with the tendency of intensive
and unstoppable expansion of administration, is constantly growing. The
objectives of an administrative dispute (administrative-judicial protection) are
clearly defined in Article 1 of the Law on Administrative Disputes as: "
judicial protection of individual rights, legal interests and lawfulness of action
in administrative and other individual matters provided by the Constitution
and the law." The highest legal act - the Constitution recognizes and insist on
importance of legality of the administrative action, especially when it decides,
in the form of individual acts, about the rights, obligations and legally based
interests of individuals. The Article 198, paragraph 2 of the Constitution says:
"The legality of final individual acts deciding on rights, obligations and
interests based on law is subject to review before a court in an administrative
dispute, unless otherwise provided by a different judicial protection."The
cited provisions clearly show the goal and purpose of existence of an
administrative dispute as a mechanism that is to ensure and guarantee the
protection of individual rights and interests based on the law, that is, the
lawful action of the administration in resolving them. Therefore, the
administrative dispute should be understood as a unity of the system of
primary and secondary administrative-judicial protection. If the goals are not
achieved in the first - phase of primary administrative-judicial protection, then
the entire "burden" of their implementation "falls on the shoulders" of
secondary protection - by legal means (in an administrative dispute). Therein
lies the social and legal-political relevance of legal remedies (in an
administrative dispute).
Starting, on the one hand, from their indisputable importance
Doctoral Supervisor: PhD, Predrag Dimitrijević, full professor, University in Niš, Law Faculty
(contribution) to the realization of the already mentioned goals, and on the
other hand, from the relevance of this issue in the midst of extensive reforms
of public administration and administrative justice, the purpose of our
doctoral dissertation research is to provide a studious, critical and bold
analysis of legal remedies in an administrative dispute in order to, bearing in
mind the completely realistically achievable potentials of legal remedies,
contribute to the improvement of the goals that inspired their administrativeprocedural
existentialism. The idea of the author is, by reviewing
domestic normative regulations of legal remedies in administrative disputes,
by studying their practical application (functionality) and effectiveness in
practice, by pointing out to the general trends of their development, as well as
to relevant international standards in this area and some proven comparative
solutions, to identify key weaknesses of the current system of legal remedies
that seriously jeopardize the level of protection of human rights guaranteed by
the highest law and international acts, their ability to respond to another
defined goals, and thus, to review reasoning of their existence in the current
form. Finally, based on conducted research, the ultimate goal of the
dissertation is to offer de lege solutions for regulation of the legal remedy
package in an administrative dispute which would eliminate the drawbacks
discovered in the research.
Authors Key words
Upravno-sudska kontrola uprave, upravni spor, pravna sredstva u
upravnom sporu, žalba
Authors Key words
Administrative-judicial control over the administration, administrative
dispute, legal remedies in administrative dispute, appeal
Classification
342.9(043.3)
Subject
S111
Type
Tekst
Abstract (en)
The importance of the legally defined goals of the administrative dispute
for the realization of the administration legality principle as an elementary
requirement for the "rule of law" - a key postulate of any democratically
organized society, especially in constellation with the tendency of intensive
and unstoppable expansion of administration, is constantly growing. The
objectives of an administrative dispute (administrative-judicial protection) are
clearly defined in Article 1 of the Law on Administrative Disputes as: "
judicial protection of individual rights, legal interests and lawfulness of action
in administrative and other individual matters provided by the Constitution
and the law." The highest legal act - the Constitution recognizes and insist on
importance of legality of the administrative action, especially when it decides,
in the form of individual acts, about the rights, obligations and legally based
interests of individuals. The Article 198, paragraph 2 of the Constitution says:
"The legality of final individual acts deciding on rights, obligations and
interests based on law is subject to review before a court in an administrative
dispute, unless otherwise provided by a different judicial protection."The
cited provisions clearly show the goal and purpose of existence of an
administrative dispute as a mechanism that is to ensure and guarantee the
protection of individual rights and interests based on the law, that is, the
lawful action of the administration in resolving them. Therefore, the
administrative dispute should be understood as a unity of the system of
primary and secondary administrative-judicial protection. If the goals are not
achieved in the first - phase of primary administrative-judicial protection, then
the entire "burden" of their implementation "falls on the shoulders" of
secondary protection - by legal means (in an administrative dispute). Therein
lies the social and legal-political relevance of legal remedies (in an
administrative dispute).
Starting, on the one hand, from their indisputable importance
Doctoral Supervisor: PhD, Predrag Dimitrijević, full professor, University in Niš, Law Faculty
(contribution) to the realization of the already mentioned goals, and on the
other hand, from the relevance of this issue in the midst of extensive reforms
of public administration and administrative justice, the purpose of our
doctoral dissertation research is to provide a studious, critical and bold
analysis of legal remedies in an administrative dispute in order to, bearing in
mind the completely realistically achievable potentials of legal remedies,
contribute to the improvement of the goals that inspired their administrativeprocedural
existentialism. The idea of the author is, by reviewing
domestic normative regulations of legal remedies in administrative disputes,
by studying their practical application (functionality) and effectiveness in
practice, by pointing out to the general trends of their development, as well as
to relevant international standards in this area and some proven comparative
solutions, to identify key weaknesses of the current system of legal remedies
that seriously jeopardize the level of protection of human rights guaranteed by
the highest law and international acts, their ability to respond to another
defined goals, and thus, to review reasoning of their existence in the current
form. Finally, based on conducted research, the ultimate goal of the
dissertation is to offer de lege solutions for regulation of the legal remedy
package in an administrative dispute which would eliminate the drawbacks
discovered in the research.
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