AN OBJECTION IN THE GENERAL ADMINISTRATIVE PROCEDURE ACT
DOI:
https://doi.org/10.30925/zpfsr.45.1.6Keywords:
legal remedy, objection, administrative contract, proceedings in the field of administrative law, public service provider.Abstract
The application of objections as a regular legal remedy regulated in the General Administrative Procedure Act has shown certain inconsistencies and vagueness. Despite the commendable fact that objections exist as a means to protect citizens from illegal actions of public bodies, their regulation in the General Administrative Procedure Act is not uniform. Objections are regulated in several articles of the General Administrative Procedure Act, wherein some important aspects of its submission are not precisely defined. For example, deadlines for lodging objections or procedures if the body to which the objection is submitted fails to decide on it are not defined precisely in certain cases. For this reason, the aforementioned provisions are left to (unnecessary) interpretations. The paper analyses in detail all provisions of the General Administrative Procedure Act, as well as a comparative regulation in some European countries regarding the regulation of objections, with the aim of detecting insufficient or inappropriate regulation of certain types of objections. After a systematic analysis of Croatian and comparative legislation, the paper contains suggestions for improvement for each type of objection, as well as a general proposal on the unequivocal regulation of the entire objection process in one chapter of the General Administrative Procedure Act.
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Copyright (c) 2024 Marko Šikić, Mateja Held
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