Administrative court matter as the subject of an administrative dispute

[A. S. Katić]

340 listova

Biografija autora: list. 336-337. Bibliografija: list. 319-329.

Administrative law science

In addition to the Introduction, which identifies the key issues for research, and the Conclusion, which summarizes the research findings, the dissertation contains five chapters. In the first chapter, titled “The Emergence and Development of Judicial Control over Administration”, attention is focused on the historical development of administrative disputes within continental European legal systems, with particular emphasis on the period from the early 19th century to the present day. Starting from the need for systematic and effective oversight of administrative actions, the chapter examines various models of judicial control that have developed in countries such as France, Germany, Austria, and Switzerland - representatives of the most advanced continental European legal systems. The second part of the chapter addresses the specific features of the development of judicial control in Anglo- American legal systems, focusing on the legal frameworks of the United States and the United Kingdom. Unlike the continental model, Anglo-American systems have not established separate administrative courts; instead, administrative oversight is integrated within the general court system. The third section of the chapter provides a detailed examination of the historical development of administrative disputes in Serbian law, from the earliest forms of administrative control to the modern normative and institutional framework. Particular attention is given to how the influence of the continental European legal tradition, combined with specific socio-political circumstances, has shaped the domestic model of judicial protection against administrative actions. By applying historical and comparative methods, the analysis focuses on key institutions and legal frameworks that have influenced the formation of administrative judicial systems in the aforementioned countries. Special emphasis is placed on the characteristics and evolution of judicial control over administration, as well as on the various mechanisms that enable citizens to seek legal protection against irregularities in the functioning of administrative bodies. The aim of this part of the first chapter is not only to present the historical and legal aspects of the development of administrative disputes, but also to provide a broader understanding of the significance and role of administrative judiciary in building and strengthening the rule of law, through a critical examination of the advantages and shortcomings of comparative legal systems. In the second chapter, titled “The Subject Matter of Administrative Dispute”, a more detailed analysis is conducted on the scope and content of administrative disputes in selected continental European legal systems, in Anglo-American law, as well as in the legal system of the Republic of Serbia—both historically and in its current form. Through this analysis, the aim is to explore how countries that are more advanced in this area have defined the subject matter of administrative disputes and how they resolve such disputes. This comparative approach serves as a foundation for identifying differences and potential shortcomings in the Serbian legal system, and for proposing appropriate solutions to improve the existing framework. The objective is to examine practical examples from countries with well-developed administrative law systems, and to assess their approaches to resolving disputes between citizens and public administration. By analyzing successful mechanisms and legal solutions that have proven effective in both continental European legal systems and Anglo-American legal traditions, this chapter seeks to provide insights that could guide the adoption of best practices to enhance the administrative dispute resolution system in the Republic of Serbia. The third chapter addresses the necessity of distinguishing administrative matters as the subject of administrative proceedings and administrative judicial matters as the subject of administrative disputes, as well as the difference between legal matters, legal situations, and legal institutes as legal forms. The fourth chapter discusses the legal subjects of administrative disputes in the law of Serbia, with an analysis of the legal subjects of administrative disputes both before and after World War II. The final part of this chapter is an analysis of the legal subjects of administrative disputes following the establishment of the Administrative Court of the Republic of Serbia, particularly considering the hastiness of our state, reflected in the establishment of a court with special jurisdiction and the rapid application of the Law on Administrative Disputes, adopted in an expedited procedure, published in the "Official Gazette of the Republic of Serbia" on December 29, 2009, and which entered into force the day after publication. Furthermore, within this analysis, we explore some of the potential solutions to the problems faced by our sole Administrative Court. In this context, one of the greatest challenges the Administrative Court faced was the issue of harmonizing procedures and practices with European legal standards, as well as the needs of the domestic legal system, which was undergoing significant reform changes. Additionally, problems related to the large volume of cases and the organization of the court, which received jurisdiction over administrative disputes, required more effective mechanisms for speeding up procedures and reducing backlog. In this regard, several potential solutions are discussed, such as improving the legal and technical infrastructure of the court and applying modern technologies that could help accelerate the processing of cases and increase the transparency of the court. Furthermore, greater attention needs to be directed toward the legal education of judges and legal staff to ensure a higher quality application of new legal provisions and establish adequate standards for fair trial in administrative disputes. The fifth chapter, titled "Administrative Judicial Matter," examines the relationship between administrative and administrative judicial matters, the relationship between administrative judicial matters and other judicial matters, with numerous characteristics of administrative judicial matters presented. The chapter also argues for the necessity of distinguishing administrative matters as the subject of administrative proceedings and administrative judicial matters as the subject of administrative disputes, suggesting that it would be correct to introduce this concept into our legislation as the subject of administrative disputes. Namely, it is undeniable that the new Law on Administrative Disputes represents a significant step forward compared to its outdated and vague predecessor. However, considering that administrative dispute is the pinnacle of administrative law and its conclusion, and how the "testing" of the law can clearly indicate its shortcomings, primarily starting from the linguistic designation of certain institutes, the doctoral dissertation seeks to be at least a small contribution to better understanding of the law, its provisions, especially considering that administrative disputes are a delicate, diverse, and growing category of court disputes. With the adoption of the new Law on Administrative Disputes and the establishment of the Administrative Court, there was a clear intention to reform the judicial administration, expand the scope of disputes, and respect European principles. The expected results have not materialized, and the problems that led to the reform have not been solved even today. This doctoral dissertation addresses the changes, challenges, and issues, indicating that successful reform of administrative disputes cannot be achieved by blindly adopting European legal standards and simply transplanting them into domestic legislation. Successful reform can only be achieved through a deep understanding of the legal nature of administrative disputes, with clear and precise definitions of their subject, administrative and administrative judicial matters, as this is what makes them special and different from classical court disputes. Additionally, in the context of successful reform, the author states that it is not enough to mechanically transfer European legal standards into domestic legislation. On the contrary, reforms must be based on a profound understanding of the legal nature and specificity of administrative disputes in order to ensure their efficiency and fairness. In this regard, the dissertation also explores the possibilities for further development and improvement of the system of administrative law in Serbia.

upravni spor, predmet upravnog spora, upravno sudstvo, upravni sud, sudska kontrola uprave, upravna stvar, upravnosudska stvar, Zakon o upravnim sporovima

administrative dispute, subject of administrative dispute, administrative judiciary, administrative court, judicial control of administration, administrative matter, administrative court matter, Law on Administrative Disputes

35.077.2:351.94(043.3) 35.077.3:351.94(043.3) 351.94(043.3) 342.9(043.3)

S 111

Tekst