Pravni okvir regulisanja ponavljanja upravnog postupka – sa posebnim osvrtom na Srbiju, Crnu Goru i Hrvatsku
Legal framework of regulating reopening of administrative proceedings – with a special review of Serbia, Montenegro and Croatia

Summary/Abstract: As regards the aforementioned states (Serbia, Montenegro and Croatia), we can see that they, in their basic postulates, did not abandon the Austrian model of regulation of administrative proceedings with respect to the remedy at hand, which was in force in the former country under the Law on Administrative Procedure of 1986. When it comes to reasons for reopening of a proceeding, Croatia and Montenegro in their respective administrative proceedings prescribed a smaller number of reasons for reopening, which certainly contributes to the efficiency of the proceeding. However, in our humble opinion, there is a problem with failure to enact the verdict of the European Court of Human Rights as a reason for the appeal, bearing in mind that Croatia has ratified this Convention and has become an integral part of its law, as well as the judicial decision of the Constitutional Court of Montenegro on the violation of human and minority rights, as the basis for implementing the above-mentioned remedy. Bearing in mind that international legal regulations/directives, the Constitution and the law guarantee the right to use one’s mother tongue and alphabet in the proceedings, in our humble opinion, such a prescribed reason incurs additional costs to the party in the course of giving evidence and thus distances the party from making use of this reason. On the other hand, Serbia, through amendments to the Law on Administrative Proceedings, prescribed a decision on the same issue of the European Court of Human Rights (hereinafter referred to as ECtHR) as the reason for reopening of proceedings as an extraordinary remedy if the opinion of the ECtHR on the same issue can affect the validity of reopening of proceedings. The new Law on Administrative Proceedings of the Republic of Serbia actually opens up the possibility of applying this reason after the decision has become valid, despite the fact that the use of this reason is limited to six (6) months from the date of publication of the decision of the ECtHR in “Službeni glasnik of the Republic of Serbia“.

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