Preliminary communication
Realizing Citizens’ Rights through the Administrative Procedure and Administrative Dispute in the Republic of Macedonia
Borče Davitkovski
; PhD, professor of Administrative Law and Public Administration, Faculty of Law »Justinianus Primus«, University of »Sts. Cyril and Methodius« Skopje, Republic of Macedonia
Ana Pavlovska-Daneva
; PhD, assistant professor of Administrative Law and Public Administration, Faculty of Law »Justinianus Primus«, University of »Sts. Cyril and Methodius« Skopje, Republic of Macedonia
Abstract
The first Macedonian Law on General Administrative Procedure was passed in 2005 and was aimed at modernizing administrative procedures. The amendments of 2008 challenged certain core solutions, such as the silence of administration institute. There is a change from negative presumption to positive presumption, when first-instance public administrative body is inactive. In other words, when such a body, at citizens’ request, does nothing in certain term, the presumption is that it accepts citizens’ request. The aim of such a legislative solution is to increase the efficiency of public administration. Detailed legal analysis of the new regulation is presented in the paper. It is followed by similar analysis of the Law
on Administrative Disputes of 2006. Numerous shortcomings are identified and certain proposals for improvement are presented in the paper, both with regard to administrative procedure and administrative dispute.
Keywords
general administrative procedure – Macedonia; administrative dispute; silence of administration; legal protection of the citizens’ rights; administrative efficiency
Hrčak ID:
135531
URI
Publication date:
2.3.2009.
Visits: 997 *