THE NEED OF INTRODUCING SPECIAL ADMINISTRATIVE COURTS IN OUR LEGAL SYSTEM Cover Image

О ПОТРЕБИ УВОЂЕЊА ПОСЕБНИХ УПРАВНИХ СУДОВА У НАШЕ ПРАВО
THE NEED OF INTRODUCING SPECIAL ADMINISTRATIVE COURTS IN OUR LEGAL SYSTEM

Author(s): Slavoljub Popović
Subject(s): Administrative Law
Published by: Правни факултет Универзитета у Београду
Keywords: Administrative litigation; Administrative courts; Comparative analysis

Summary/Abstract: There are three systems in theory' and practice of organizing the control of administrative acts by state authorities: (i) deciding in administrative controversies within the administration itself; (ii) deciding by special administrative courts (so-called continental or European system); and (iii) deciding by the general jurisdiction courts. The examples of the first system are the one applied in the former Soviet Union and the institution of the judge-administrator, practiced at one time in France. Continental system is characterized by special administrative courts which are analyzed through the examples of France and Italy. The German system, somewhat different, is reviewed through the examples of Austria and Federal Republic of Germany. The Anglo-Saxon system is depicted through the practice and institution of judicial control of administrative acts in England and the United States. The subject matter is also treated concerning the old Yugoslavia, followed by treating legal position of administrative judiciary in the former Socialist Federal Republic of Yugoslavia and of jurisdiction of relevant corts in the present-day Federal Republic of Yugoslavia. The final part of the paper concerns the reasons for introducing special administrative courts in our legal system.

  • Issue Year: 43/1995
  • Issue No: 4
  • Page Range: 338-349
  • Page Count: 12
  • Language: Serbian
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