Pregledni rad
Restriction of Legal Position of the Parties to Special Administrative Procedures
Lana Ofak
; Pravni fakultet Sveučilišta u Zagreb
Sažetak
The paper deals with permissibility of deviation from the regulation of the Law on General Administrative Procedure that determines who is allowed to be the party to the procedure. The right to be party to the procedure is seen as a guaranteed human right (equality before the law, right to fair trial). The author has outlined case law of the European Court of Human Rights dealing with the recognition of lawful interest in the procedures related to civil aspect of the right to fair trial guaranteed by the European Convention for the Protection of
Human Rights and Fundamental Freedoms. She has singled out the decision of the Constitutional Court of Slovenia that abrogated certain stipulations of the Building Act limiting the number of persons who could be parties to the procedure of issuing building permits. Furthermore, there is the decision of the Board in charge of monitoring the implementation of the Aarhus Convention, which says
that the public must be granted the right of participation in all administrative procedures in which it is decided about the activities that may have considerable impact on the environment, including procedures in the field of spatial planning and construction.
Ključne riječi
party to the administrative procedure; special administrative procedures; right to fair trial; public participation in environmental decision making; Aarhus Convention
Hrčak ID:
134714
URI
Datum izdavanja:
3.12.2014.
Posjeta: 2.658 *