Reform of Administrative Procedure Cover Image

Реформа управног поступка
Reform of Administrative Procedure

Author(s): Predrag Dimitrijević
Subject(s): Law, Constitution, Jurisprudence, Public Administration, Public Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Administrative procedure;Draft Law on General Administrative Procedure;Aims and principles of the reform of public administration;Modifications of administrative procedures;
Summary/Abstract: Reform of administrative procedure is a part of complex process of reform of public administration. However, the modification of the public administration concept from public authority to public service in the circumstances of New Public Management requires change of the procedure of administrative activity. Reform of administrative decision-making, apropos general and particular administrative procedures, is a part of process of re-form of public administration and it is of crucial importance. It requires modification of the Law on Administrative Procedure, which has to be simpler and with effective legal remedies in the interest of a party as well as in public interest. In the contemporary general administrative procedure, as a legal procedure for the „new“ age, human rights must be given central role. They must be defined in the human’s interests and the public administration has to „serve“ them. Administrative procedures have to be in the function of administrative services. However, modifications of administrative procedure can be very dangerous if they don’t fit real possibilities of administration to accept and apply them in everyday practice. Therefore, this process has to move slowly, especially when it comes to the norms which regulate silence of administration, legal remedies but also the subject of administrative procedure, i.e. the issue of its purpose.