MODERNIZATION OF THE ADMINISTRATIVE DISPUTE IN BOSNIA AND HERZEGOVINA Cover Image

MODERNIZACIJA UPRAVNOG SPORA U BOSNI I HERCEGOVINI
MODERNIZATION OF THE ADMINISTRATIVE DISPUTE IN BOSNIA AND HERZEGOVINA

Author(s): Dženan Alić, Selma Talić
Subject(s): Law, Constitution, Jurisprudence, Public Law
Published by: Fakultet za upravu, pridružena članica Univerziteta u Sarajevu
Keywords: administrative dispute; administrative act; administrative procedure;

Summary/Abstract: Administrative-judicial procedural law was created in the 20th century, and it developed, depending on the form and degree of development of judicial control over the work of administrative bodies in certain countries. Today, legal control of their work is done through the control of administrative acts, either as internal (administrative) control, regular and extraordinary (control of legality and integrity), either through external or judicial control of the laws of administrative acts. Control, also, may be ex officio by the controller and, at the request of an authorized entity, to be provided with legal protection. The right to administrative-judicial control of the legal acts of the administration is most developed in those countries that have been trained by special administrative courts (France, Austria, Germany and other Western states) for performing external control over the work of administrative bodies. According to them, special administrative units in the former Yugoslavia were founded in 1952. Until then, the judicial control of the work of the public administration was carried out to a very limited extent. Administrative dispute is, in a sense, an extension of the administrative procedure. When the competent authority finishes the administrative procedure, which is when it adopts the final administrative act, against which the dissatisfied party has no possibility to use a regular legal remedy (appeal), then a dispute arises between it and the competent authority. Accordingly, the administrative dispute is a dispute over the legality of an administrative act between the parties and the competent authorities after the completion of the administrative procedure. law.

  • Issue Year: 2019
  • Issue No: 21
  • Page Range: 109-129
  • Page Count: 21
  • Language: Bosnian
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