Subsidiary and analogous application of Law in general administrative procedure

Considering that the expansion of legal regulation and multiplication of legal norms in the legal order of the Republic of Serbia have engendered over two hundred (substantive and procedural) legislative acts referring to the application of the General Administrative Procedure Act (GAPA), there is n...

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Autor principal:	Prica Miloš
Formato:	article
Lenguaje:	EN SR
Publicado:	Faculty of Law, Niš 2021
Materias:	systemic law general law subject-specific law subsidiary application of the general law analogous application of the general law Law K
Acceso en línea:	https://doaj.org/article/33a655bf9e8d4d728452c64436683245
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spelling	oai:doaj.org-article:33a655bf9e8d4d728452c644366832452021-12-05T21:40:11ZSubsidiary and analogous application of Law in general administrative procedure0350-85012560-311610.5937/zrpfn0-33788https://doaj.org/article/33a655bf9e8d4d728452c644366832452021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2021/0350-85012191097P.pdfhttps://doaj.org/toc/0350-8501https://doaj.org/toc/2560-3116Considering that the expansion of legal regulation and multiplication of legal norms in the legal order of the Republic of Serbia have engendered over two hundred (substantive and procedural) legislative acts referring to the application of the General Administrative Procedure Act (GAPA), there is no general law in the Serbian legal order that could be compared to the GAPA in terms of correlation with other laws. Yet, in our judicature and legal science, there are no clear criteria for regulating the relationship between the GAPA and other (subject-specific) legislative acts referring to the application of the GAPA provisions. The relationship between the GAPA and subject-specific legislative acts may be based on the regime of legal subordination and the regime of legal referral. It further leads to the distinction between subsidiary and analoguous application of the general law, which is the author's original standpoint. Analogous application entails the application of the general law in accordance with the nature of the relationship between the legal procedure rules and the subject matter of legal regulation, whereas subsidiary application entails the application of the general law as a whole in all matters which are not regulated by a subject-specific law. In view of the obligation to harmonize subject-specific legislative acts with the GAPA, the author is of the opinion that such harmonization cannot be put into effect without amending the GAPA. Therefore, the GAPA provisions shall: (1) embody the distinction between subsidiary and analogous application of the GAPA, and (2) strengthen the direct application of the GAPA in administrative matters.Prica MilošFaculty of Law, Nišarticlesystemic lawgeneral lawsubject-specific lawsubsidiary application of the general lawanalogous application of the general lawLawKENSRZbornik Radova Pravnog Fakulteta u Nišu, Vol 60, Iss 91, Pp 97-116 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	systemic law general law subject-specific law subsidiary application of the general law analogous application of the general law Law K
spellingShingle	systemic law general law subject-specific law subsidiary application of the general law analogous application of the general law Law K Prica Miloš Subsidiary and analogous application of Law in general administrative procedure
description	Considering that the expansion of legal regulation and multiplication of legal norms in the legal order of the Republic of Serbia have engendered over two hundred (substantive and procedural) legislative acts referring to the application of the General Administrative Procedure Act (GAPA), there is no general law in the Serbian legal order that could be compared to the GAPA in terms of correlation with other laws. Yet, in our judicature and legal science, there are no clear criteria for regulating the relationship between the GAPA and other (subject-specific) legislative acts referring to the application of the GAPA provisions. The relationship between the GAPA and subject-specific legislative acts may be based on the regime of legal subordination and the regime of legal referral. It further leads to the distinction between subsidiary and analoguous application of the general law, which is the author's original standpoint. Analogous application entails the application of the general law in accordance with the nature of the relationship between the legal procedure rules and the subject matter of legal regulation, whereas subsidiary application entails the application of the general law as a whole in all matters which are not regulated by a subject-specific law. In view of the obligation to harmonize subject-specific legislative acts with the GAPA, the author is of the opinion that such harmonization cannot be put into effect without amending the GAPA. Therefore, the GAPA provisions shall: (1) embody the distinction between subsidiary and analogous application of the GAPA, and (2) strengthen the direct application of the GAPA in administrative matters.
format	article
author	Prica Miloš
author_facet	Prica Miloš
author_sort	Prica Miloš
title	Subsidiary and analogous application of Law in general administrative procedure
title_short	Subsidiary and analogous application of Law in general administrative procedure
title_full	Subsidiary and analogous application of Law in general administrative procedure
title_fullStr	Subsidiary and analogous application of Law in general administrative procedure
title_full_unstemmed	Subsidiary and analogous application of Law in general administrative procedure
title_sort	subsidiary and analogous application of law in general administrative procedure
publisher	Faculty of Law, Niš
publishDate	2021
url	https://doaj.org/article/33a655bf9e8d4d728452c64436683245
work_keys_str_mv	AT pricamilos subsidiaryandanalogousapplicationoflawingeneraladministrativeprocedure
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Subsidiary and analogous application of Law in general administrative procedure

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