Review article
THE ESTABLISHING OF FACTS AND EVIDENCE IN ADMINISTRATIVE DISPUTES
Alen Rajko
; Upravni sud u Rijeci
Abstract
This paper analyzes the issues of establishing facts and presenting evidence in the reformed administrative dispute. To this end the key theoretical concepts (such as fact, decisive fact, facts of the case, material truth, evidence and proving) are considered as well as the relevant provisions of the Administrative Disputes Act and basic procedural issues (the substantial and time dimension of detecting decisive facts, the selection and examination of means of evidence, the burden of proof, the specifics of the decisions by which an administrative court decides on the mentioned matters).
Likewise, the paper examines the concept of hearing within the administrative dispute, which is related to the issues of establishing facts and evidence, and to procedural standards of equality of arms.
The author refers to the expected implications of changes in the regime of expenses of administrative dispute, implemented by the first amendments of the Administrative Disputes Act. Furthermore, the author offers practical advice for the parties to the administrative dispute.
The main theses of the paper are summarized in conclusion.
Keywords
facts; material truth; evidence; presentation of evidence; adversary proceedings; equality of arms; procedural decisions; administrative dispute
Hrčak ID:
116299
URI
Publication date:
12.4.2013.
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