Однос Закона о општем управном поступку и других закона у правном поретку Републике Србије
The Relationship Between the General Administrative Procedure Act and Other Legislative Acts in the Legal Order of the Republic of Serbia

Author(s): Miloš Prica
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: General Administrative Procedure Act;Systematic laws;General laws;Special laws;Direct application;Su7bsidiary application;Analogous application of general law;
Summary/Abstract: In the legal order, there are systemic and special laws. Systemic laws are legislative acts that regulate one area of the legal order in a comprehensive manner, which further implies that systemic laws are also general laws. Special laws are legislative acts focusing on particular subject matter within a specific area. The legal relationship between general and special laws is marked by subordination of a special law to a general law and referral to the general law. It further entails the distinction between subsidiary application and analogous application of general law provisions. In the legal order of the Republic of Serbia, the General Administrative Procedure Act is a systemic law, considering that it comprehensively regulates the area of administrative procedure. The relationship between the General Administrative Procedure Act and other systemic procedural laws is governed by referral to the general law, not by subordination. On the other hand, the relationship between the General Administrative Procedure Act (as a general law) and many other special (subject-specific) laws is governed by the regime of direct, subsidiary and analogous application of general law provisions. In this article, the author aims to explain the difference between direct, subsidiary and analogous application of the General Administrative Procedure Act, particularly having in mind that legal literature does not elaborated on the difference between subsidiary application and analogous application of the general law in an appropriate manner. Analogous application entails the application of the general law in compliance with the nature of the relationship between the rules of procedure and the subject matter of legal regulation. Subsidiary application entails the application of the general law in all matters which are not regulated by a special law.

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