Preliminary communication

https://doi.org/10.31297/hkju.17.2.2

The Macedonian General Administrative Procedure Act: Between Tradition and Modernization

Ana Pavlovska-Daneva orcid.org/0000-0001-5499-6016 ; Iustinianus Primus Faculty of Law, Ss. Cyril and Methodius University in Skopje, FYR Macedonia
Elena Davitkovska ; Institute of Economics, Ss. Cyril and Methodius University in Skopje, FYR Macedonia

Abstract

The paper outlines the process of the modernisation and improvement of the general administrative procedure in the Former Yugoslav Republic of Macedonia. It contains a review of the crucial novelties and ccompanying critical remarks. Furthermore, the paper presents the essential standards and guidelines for the functioning of the administration, which served as a basis for preparation of the macedonian Law on General Administrative Procedure (LGAP) along with
various theoretical perspectives. The paper starts with a definition of the administrative procedure in the legislation and in several doctrines. A few perspectivesare offered: the administrative procedure can be defined in the light of the classical Weberian theory of bureaucracy or with regard to modern doctrines such as New Public Management (NPM). Speaking of legislative definitions, on the other hand, the paper outlines the Macedonian LGAP, but also the respective laws of other countries (France, Finland, Croatia, and others). The paper goes
on to offer an overview of the basic principles of administrative procedure, making particular reference to newly introduced ones in the Republic of Macedonia. A special emphasis is placed on the principle of proportionality, the principle of delegation of the authority to decide (to issue a decision), the principle of legal protection, and silence of the administration as its subcomponent. These principles are thoroughly analysed, as are the reasons and the needs why they were introduced to the Macedonian LGAP. Finally, several critical remarks are made. The authors conclude that the process of the adoption of the LGAP is highly problematic, and that there is a serious lack of training of the public
servants who are expected to implement it in the future.

Keywords

General Administrative Procedure Act – FYR Macedonia; administrative procedure principles; legal protection; parties to the administrative procedure; public authorities; duties and competences

Hrčak ID:

183530

URI

https://hrcak.srce.hr/183530

Publication date:

27.6.2017.

Article data in other languages: croatian

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