Pregledni rad
https://doi.org/10.31141/zrpfs.2026.63.159.1
Legal Nature and Judicial Review of Supervisory Procedures Conducted by Public Authorities
Lana Ofak
orcid.org/0000-0001-7585-6370
; Pravni fakultet Sveučilišta u Zagrebu
Marko Šikić
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
Determining the legal nature of supervisory procedures conducted by public authorities is not
a simple task, primarily because the administration may simultaneously act as both the subject and
the object of supervision. This paper examines the fundamental criteria for distinguishing between
different types of supervision and, for clarity, classifies them into two main groups: internal
supervision and external supervision. Internal supervision encompasses hierarchical control and
administrative supervision, although the paper demonstrates that the distinction between internal
and external supervision is not always clear in practice, particularly in situations where procedures
conducted by one public authority over another are designated as inspection supervision. Special
attention is devoted to the application of the General Administrative Procedure Act (GAPA) to
supervisory procedures. The analysis shows that the application of GAPA depends on the legal
nature of the specific supervisory activity and on whether the procedure involves deciding on the
rights, obligations, or legal interests of the addressee. In contrast to internal supervision, inspection
supervision and other forms of supervision over natural and legal persons must be regarded as
administrative procedures from the moment they are initiated. The application of GAPA in such
procedures is essential for safeguarding the fundamental principles of the rule of law, including
legality, legal certainty, equality before the law, and access to judicial protection.
Ključne riječi
hierarchical control; administrative supervision; inspection supervision; administrative procedure; administrative dispute
Hrčak ID:
347917
URI
Datum izdavanja:
31.3.2026.
Posjeta: 95 *