ПРАВИЧНОСТ СУЂЕЊА У УПРАВНОМ СПОРУ -исагога у предлог за измену Закона о управном спору-
The Principle of Fair Trial in Administrative Dispute Proceedings: An isagoge to a proposition for amending the Administrative Disputes Act

Summary/Abstract: The changing social circumstances call for reform. The latest reform in the field of administrative law was put into effect by adopting the Administrative Disputes Act and the General Administrative Procedure Act. A significant novelty in this area is the principle of a fair trial. Namely, in the administrative dispute, the court is obliged to adjudicate a case at issue within a reasonable time, on the basis of the applicable law and the facts established in an oral public hearing. The legislator points out that the principle of fair trial is defined in this way for the first time and provided in a separate legal provision. The author believes that this principle should (at least) be extended to include the authentic content of the principle of fairness and justice. In that course, the starting point and the final goal must be Aristotelian ethics, in line with the proverb “give everyone his/her due and exercise the practice of giving at all times”. The author highly respects the legislator’s endeavor to reform the existing legislation. The existing Constitution provides quite a wide framework for such an endeavor, particularly by calling upon in the legal provisions on the rule of law and social justice. It may be useful to consider transplanting the principles of social justice and fairness (envisaged in Part 1 titled “Constitution Principles”) into some other constitutional provisions (e.g. Part 5 titled “Organization of Government”), which would make the principles binding in all circumstances.

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