Original scientific paper

Participation and Access to Information in Administrative Procedure – Trends in Slovenia and the European Union

Polonca Kovač ; Faculty of Administration, University of Ljubljana, Slovenia

Abstract

The concept of good administration in national and other forms of administrative authorities requires efficient, yet democratic conduct in relations with parties (citizens, business, NGOs etc.). The participation of citizens and users of public services is a key building block of modern society. Namely, understanding the legitimacy and accountability of authority – limited by law – is expressed through
acknowledgment of parties as subjects and their proactive involvement in public co-decision making. On the parties’ side, participation leads to consistent compliance with administrative decision, hence development and trust into the state governed by law. This contribution aims to emphasize the significance of participation and its legal aspects in contemporary public administration – primarily based on a longitudinal analysis of the functions of administrative procedure. The concept of participation is expressed in different activities of all authority holders. However, it is more evident at issuing obligatory general and individual acts on of the parties’ rights and duties. Consequently, the right to information
and the right to be heard represent particular grounds for defence against misuse of power and are a necessary element of good governance. Information and inclusion of parties through dialogue led by so-called cooperative administration and its clients is, therefore, the key function of up-to-date administrative procedure. The author explores the development and implementation of rights to be informed and heard in key European and Slovenian legal acts (such as the Council of Europe, the Charter of the EU on Fundamental Rights and the Slovenian Constitution), theory and case law. In conclusion, one can establish transformation from once rather instrumental role of administrative procedure (purely to implement the individual right and public interest) to connective one. Administrative procedure thus gains function per se, i. e. coordination of societally and legally acknowledged interests and realization of constitutional and international guarantees and principles as fundamental human rights.

Keywords

participation; information; administrative procedure; good administration; Slovenia; EU

Hrčak ID:

134708

URI

https://hrcak.srce.hr/134708

Publication date:

3.12.2014.

Article data in other languages: slovenian

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