Review article
ADMINISTRATIVE SILENCE WITHIN THE THEORY AND PRACTICE IN SLOVENIA
Polonca Kovač
; Fakultet za upravu Sveučilišta u Ljubljani, Slovenija
Abstract
Critically analysing the regulations of the Law on General Administrative Disputes (LGAD) and its application in practice, the author in the article examines theoretical and practical aspects of the institute of administrative silence in the Republic of Slovenia. According to the majority model which has been in force in different countries, the administrative silence in Slovenia also presents a legal ground for a fictive, negative administrative act according to which a party is not in a pending state anymore and is entitled to legal protection as if the request has been denied. However, due to a strong influence of trends to increase efficiency in administrative matters as well as efforts to avoid unreasonably long proceedings until an administrative act is passed, a fiction that administration’s silence amounts to a positive decision is introduced more often. Having in mind the theoretical and dogmatic aspects of the research on implementation of administration’s silence in Slovenian regulations and administrative and court practice, the author of the article presents a hypothesis that the above mentioned fiction under the general law has stronger negative than positive consequences due to a need for meritorious protection of the public interest. She presents limitations correlated to legal actions of such kind within the legal administrative field.
Keywords
administrative procedure; administrative silence; time limit within which an administrative act has to be passed; efficiency; fiction; Slovenia
Hrčak ID:
82260
URI
Publication date:
20.12.2011.
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