Pregledni rad
Basics of citizens' protection from the administrative silence in the Republic of Croatia
Marko Šikić
orcid.org/0000-0002-0146-9391
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
At the beginning of the paper the author stresses the importance of expedient procedure for the rule of law in modern states. It is necessary to establish normative mechanisms that would protect the citizens from stalling in administrative and court procedures. The protection of citizens from stalling of administrative procedures, i.e., from the administrative silence, has had a place in Croatian law for a long time – it is regulated by the Law on General Administrative Procedure and Law on Administrative Disputes. After the term administrative silence has been related to the wider terms of not
doing and neglect of administration, the issue of administrative silence is considered with regard to the fundamental values and purpose of procedural law, i.e., to the principles of legal security, equality, and justice.
The author points out that the administrative silence is contrary to all the stated principles.
The second part of the paper briefly outlines the development of protection of citizens from the administrative silence in the French, Austrian, and Croatian laws, respectively. The main part of the paper contains the description of two different approaches to administrative silence – the one that gives certain importance to it, and the other that denies it any importance at all. Thus, by describing silence of administration as an occurrence that has certain meaning, the author outlines advantages and disadvantages of two opposite fictions – the positive one and the negative one. He also describes the problems that may occur if administrative silence is denied any importance. In the conclusion, the author supports a consistent implementation and evelopment of the system of negative fiction in the Republic of Croatia.
Ključne riječi
administrative silence; administrative procedure; affirmative fiction; negative fiction
Hrčak ID:
135905
URI
Datum izdavanja:
30.6.2006.
Posjeta: 2.463 *