Effectiveness of procedural decisions in first-instance administrative proceedings

The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine th...

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Autor principal:	Vučetić Dejan
Formato:	article
Lenguaje:	EN SR
Publicado:	Faculty of Law, Niš 2021
Materias:	administrative law general administrative procedure decision conclusion effectiveness efficiency Law K
Acceso en línea:	https://doaj.org/article/7fa2c745bf38497290423cbee9015ee4
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id	oai:doaj.org-article:7fa2c745bf38497290423cbee9015ee4
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spelling	oai:doaj.org-article:7fa2c745bf38497290423cbee9015ee42021-12-05T21:40:11ZEffectiveness of procedural decisions in first-instance administrative proceedings0350-85012560-311610.5937/zrpfn0-33292https://doaj.org/article/7fa2c745bf38497290423cbee9015ee42021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2021/0350-85012191075V.pdfhttps://doaj.org/toc/0350-8501https://doaj.org/toc/2560-3116The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine the legislator's goal in regulating this insitute, to identify in which situations such a decision has to be made, and to establish how effective that type of decision is. At the beginning of the paper, the author focuses on the concept of effectiveness, including different, mutually opposed, approaches to defining that notion. The author points out the conceptual misunderstanding between efficiency and effectiveness, and their unjustified equalization. The main goal of introducing the institute of procedural administrative decision is the aspiration for greater protection of parties' procedural rights. The analysis of the text of the General Administrative Procedure Act has yielded seventeen basic types of procedural administrative decisions: a decision on rejecting the party's request, a decision not to allow alteration of the party's request, a decision on suspending the procedure, a decision on termination of the procedure, a decision on imposing a fine, decision on request, a decision on execution, a decision on securing the execution, a decision on appointing a temporary representative, a decision on denying representation to a quack lawyer for unlicenced practice of law, a decision on proposal for restitution, a decision on bearing preliminary procedure costs, a decision on exemption from procedure costs, a decision on payment of costs resulting from the absence or unjustified denial of testimony, a decision on compensation for damage to the holder, a decision on the proposal for providing evidence, and a decision on ordering an interim measure. The author concludes that the institute of procedural administrative decision can negatively affect the effectiveness of administrative proceedings due to the possibility of its unnecessary extension.Vučetić DejanFaculty of Law, Nišarticleadministrative lawgeneral administrative proceduredecisionconclusioneffectivenessefficiencyLawKENSRZbornik Radova Pravnog Fakulteta u Nišu, Vol 60, Iss 91, Pp 75-96 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	administrative law general administrative procedure decision conclusion effectiveness efficiency Law K
spellingShingle	administrative law general administrative procedure decision conclusion effectiveness efficiency Law K Vučetić Dejan Effectiveness of procedural decisions in first-instance administrative proceedings
description	The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine the legislator's goal in regulating this insitute, to identify in which situations such a decision has to be made, and to establish how effective that type of decision is. At the beginning of the paper, the author focuses on the concept of effectiveness, including different, mutually opposed, approaches to defining that notion. The author points out the conceptual misunderstanding between efficiency and effectiveness, and their unjustified equalization. The main goal of introducing the institute of procedural administrative decision is the aspiration for greater protection of parties' procedural rights. The analysis of the text of the General Administrative Procedure Act has yielded seventeen basic types of procedural administrative decisions: a decision on rejecting the party's request, a decision not to allow alteration of the party's request, a decision on suspending the procedure, a decision on termination of the procedure, a decision on imposing a fine, decision on request, a decision on execution, a decision on securing the execution, a decision on appointing a temporary representative, a decision on denying representation to a quack lawyer for unlicenced practice of law, a decision on proposal for restitution, a decision on bearing preliminary procedure costs, a decision on exemption from procedure costs, a decision on payment of costs resulting from the absence or unjustified denial of testimony, a decision on compensation for damage to the holder, a decision on the proposal for providing evidence, and a decision on ordering an interim measure. The author concludes that the institute of procedural administrative decision can negatively affect the effectiveness of administrative proceedings due to the possibility of its unnecessary extension.
format	article
author	Vučetić Dejan
author_facet	Vučetić Dejan
author_sort	Vučetić Dejan
title	Effectiveness of procedural decisions in first-instance administrative proceedings
title_short	Effectiveness of procedural decisions in first-instance administrative proceedings
title_full	Effectiveness of procedural decisions in first-instance administrative proceedings
title_fullStr	Effectiveness of procedural decisions in first-instance administrative proceedings
title_full_unstemmed	Effectiveness of procedural decisions in first-instance administrative proceedings
title_sort	effectiveness of procedural decisions in first-instance administrative proceedings
publisher	Faculty of Law, Niš
publishDate	2021
url	https://doaj.org/article/7fa2c745bf38497290423cbee9015ee4
work_keys_str_mv	AT vuceticdejan effectivenessofproceduraldecisionsinfirstinstanceadministrativeproceedings
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Effectiveness of procedural decisions in first-instance administrative proceedings

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