Review article
Execution in Administrative Matters: Challenges of the Slovenian Practice and Case Law
Polonca Kovač
orcid.org/0000-0002-7743-0514
; Faculty of Administration, University of Ljubljana, Slovenia
Abstract
Administrative relations regulate conflicts between public
and private interests. Crucial for the realisation of public
interest is the realisation of the administrative act, particularly
when proceedings are conducted ex officio with the
purpose of protecting public interest. The study presents
the main characteristics of execution as a special administrative
proceeding in Slovenia when parties do not fulfil
their obligation on voluntary basis and there is a need for
forced realisation of legal relation. Theoretical findings are
supported by recent administrative practice and case law,
which is followed by a critical evaluation. The execution is
in practice found as highly disputable in terms of interests’
collision despite comprehensive and detailed provisions
of Slovenian General Administrative Procedure Act. The
outcomes of the analysis serve as basis to formulate the
necessary guidelines for future implementation of publicpolicies - to be more effective throughout the region where
administrative relations are regulated following the Austrian-
German model.
Keywords
administrative proceedings; executio; public interest; case law; Slovenia
Hrčak ID:
130558
URI
Publication date:
15.9.2013.
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