Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.42.2.3
AMENDING THE DECISION IN THE APPELLATE ADMINISTRATIVE PROCEDURE
Marko Šikić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
An appeal as a regular legal remedy in administrative proceedings is regulated by the provisions of the General Administrative Procedure Act of a fairly high quality. However, author think that the legislator has not fully regulated the procedure for amending the decission at the appeal stage of the administrative procedure. In order to prove this claim, author fi rst analyze the possibilities of entering the reformatio in melius and reformatio in peius as the most important aspects of the mentioned phase of the the appeal procedure. Particular attention in the paper is paid to the issue of reformatio in peius because author belive that this issue is part of the very foundations of the regulation of the appeal as a legal remedy. In the conclusion of the paper, the basic theses presented in the paper are again summarized, and the desire for a more complete and efficient normative regulation of the possibility of amending the decision in the appellate administrative procedure is expressed.
Ključne riječi
amending the decision; appeal; administrative procedure; reformatio in peius, reformatio in melius
Hrčak ID:
262835
URI
Datum izdavanja:
25.9.2021.
Posjeta: 2.501 *