Digitalni repozitorijum
Univerziteta u Nišu
{{ mc.sd.lang | uppercase }}
Pravna sredstva u upravnom sporu
Milenković, Nevena 1988-
Dimitrijević, Predrag 1959-
Blažić, Đorđije
Vučetić, Dejan
Prica, Miloš
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.
srpski
2020
Ovo delo je licencirano pod uslovima licence
Creative Commons CC BY-NC-ND 2.0 AT - Creative Commons Autorstvo - Nekomercijalno - Bez prerada 2.0 Austria License.
http://creativecommons.org/licenses/by-nc-nd/2.0/at/legalcode
26386697
7994