APPEAL IN THE ADMINISTRATIVE PROCEDURE DUE TO, SO-CALLED, ”SILENCE OF THE ADMINISTRATION”
APPEAL IN THE ADMINISTRATIVE PROCEDURE DUE TO, SO-CALLED, ”SILENCE OF THE ADMINISTRATION”

Summary/Abstract: In this paper, the author tried to point out a specific problem in the functioning of public administration in the countries of the Western Balkans, which is not specific to other European countries. This specifically deals with the conscious/unconscious neglect of the obligation of the public authority to respond to the party’s request. This type of non-action of public administration, in practice has been called ‘’administrative silence’’. That failure to exercise public powers conferred by law, leads to legal uncertainty, because the party cannot be sure that he will exercise the right that he demands, ie, for which he submits an application. In this regard, this paper did not ask whether the request was founded at all, but only whether the administrative body responded to the request. Whether the response is positive or negative for this type of problem is not important, because when the administrative body makes any decision, a positive or negative one, the party is allowed by law to challenge such a decision if he believes that the administrative body made a mistake. Therefore, the problem arises when the applicant is prevented from trying to exercise his right by means of legal remedies, before the administrative authorities or later before the competent court. Unfortunately, we see this type of problem often in our administrative practice, and it is necessary to point out the problem, in order to reduce this illegal phenomenon as much as possible and eventually eliminate it completely from practice.

• Details
• Contents