IZMJENA RJEŠENJA U ŽALBENOM UPRAVNOM POSTUPKU
DOI:
https://doi.org/10.30925/zpfsr.42.2.3Keywords:
amending the decision; appeal; administrative procedure; reformatio in peius; reformatio in melius.Abstract
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 regularion of the appeal as a legal remedy. In the conclusion of the paper, the basic theses presented in the paper are again summerized, and the desire for a more complete and efficent normative regulation of the possibility of amending the decision in the appellate administrative procedure is expressed.
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- 2023-12-15 (2)
- 2022-02-16 (1)
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