Pravna pomoć u upravnim stvarima: stanje i perspektive
Legal Assistance in Administrative Matters: Current Situation and Perspectives

Author(s): Emir Mehmedović, Rijad Delić
Subject(s): Law, Constitution, Jurisprudence, Public Administration
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal assistance; Legal assistance in administrative matters; Administrative acts; Service of documents; Obtaining of informations and evidence;
Summary/Abstract: The principle of legality authorizes every administrative body to carry out only those tasks and duties within its scopes of competence. But administrative bodies sometimes find themselves in a situation where they cannot directly and independently carry out certain procedural actions, and therefor they require assistance from other bodies. These assisting bodies can be either domestic or foreign. The term "legal assistance in administrative matters" refers to the provision of specific administrative actions from one administrative body to another. The provision of legal assistance within national frameworks is primarily regulated by national legislation and the relevant provisions of the administrative procedure laws. This form of legal assistance primarily includes help in gathering evidence and obtaining documents. While legal assistance within national frameworks is relatively clearly regulated, there are significant uncertainties regarding legal assistance involving foreign elements, i.e., legal assistance requested by a foreign administrative body. This type of legal assistance encompasses a much broader and more complex range of actions, from delivering documents abroad to obtaining records or documents in the possession of foreign authorities or persons outside the country to gathering evidence and recognizing and enforcing foreign administrative decisions. The institution of legal assistance in administrative matters is less developed compared too the institution of legal assistance in criminal, civil and commercial matters. However, given the process of globalization and intensified movement of citizens, the issue of providing legal assistance with a foreign element in administrative matters is becoming increasingly important and requires a more serious approach. These processes have significantly influenced the internationalization of legal relationships, including administrative-legal relationships. At the international level, the provision of legal assistance is regulated by the provisions of numerous universal and regional international organizations, as well as bilaterally. Currently, the highest level of regulation of legal assistance in administrative matters has been achieved at the European Union level. , However, this article focuses on the Council of Europe's instruments because they are immediately applicable, unlike other instruments that merely represent a future prospect. Within the Council of Europe, two conventions (the European Convention on the Service Abroad of Documents relating to Administrative Matters and the European Convention on the Obtaining Abroad of Information and Evidence in Administrative Matters) regulate some general aspects of legal assistance in administrative matters with a foreign element. Another significant convention is the Joint Convention of the Council of Europe and the Organisation for Economic Co-operation and Development (OECD) - the Convention on Mutual Administrative Assistance in Tax Matters, amended by the Protocol of 2010.

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