Review article
Mediation and Settlement in Administrative Matters in Slovenia
Polonca Kovač
orcid.org/0000-0002-7743-0514
; assistant professor, Faculty of Administration, University of Ljubljana, Slovenia
Abstract
Unlike with court procedures, the kernel of the administra-
tive procedure is not to resolve a dispute among parties to
a procedure but to recognize a private party’s right while
protecting the public interest. Therefore it is questionable
– even with regard to constitutional law – whether mediati-
on and settlement between the public and private interests
are possible in administrative matters. However, elements
of settlement are being introduced into the administration
with the development of partnerships. A distinction must
be made here between the administrative process involving
adoption of general administrative acts, and determination
of particular administrative cases under the General Ad-
ministrative Procedure Act. The author finds that incor-
poration of the institutes of mediation and settlement into
this Act following the example of the civil procedure would
result in more hazards than benefits. Therefore the current
system, with partial supplements, suffices. A greater potential for a contractual determination of public law relations
is identified in sector-specific administrative law.
Keywords
administrative procedure; administrative matter/ case; administrative dispute; alternative dispute resolution; mediation; settlement; public interest/benefit; parties with opposing interests; termination; administrative agreement; agreement under public law
Hrčak ID:
135330
URI
Publication date:
7.9.2010.
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