ŠUTNJA UPRAVE I GOVOR STRANKE: POSTOJI LI MOGUĆNOST SATISFAKCIJE?
SILENCE OF THE ADMINISTRATION AND SPEECH OF THE PARTY: IS THERE A POSSIBILITY OF SATISFACTION?

Summary/Abstract: There is almost no person who has not been a party to administrative proceedings at least once ih his/her life. Efficiency of administrative procedure is on of the pillars of the rule of law as an ideal that progressive communities strive for. Four laws on administrative procedure and four laws on administrative disputes are in force in Bosnia and Herzegovina. This paper problematizes the issue of party's position in case of continous silence of administration, i.e. whether the party has at its disposal enough instruments to protect itself, to exercise its right if the administrative body does not make a decision at its request. With the possibility that competent courts in an administrative dispute may be asked to issue a judgment ordering administrative body to make a decision, it turns out that the way of implementing such a judgment is problematic. Laws at the entity and state level provide for various provisions as implementation options. The latest court decision points out that in certain situations, a party can claim court penalties on a daily basis in monetary amounts for each day of failure to make a decision. In addition, the party, in terms of the implementation of a court decision ordering the administraive body to make a decision, has the option of demanding the initiation of disciplinary, infringement and criminal proceedings.

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