The New Statute on General Administrative Procedure

05
Jun 2017

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The new Statute on General Administrative Procedure (“Official Gazette of RS”, No. 18/2016) was enacted on 29 February 2016 and entered into force 9 March 2016, but the application started on June 1, 2017. However, Articles 9 and 207 have been applicable from June 8, 2016.
The Statute on General Administrative Procedure is primary law which applies in all administrative matters. The new statute has introduced significant changes, such as:

  • There is an obligation to apply more favorable measure for the party, provided that the measure is sufficient to achieve the purpose of the provision and provided that it is not contrary to public interest and rights of third parties (Article 6);
  • Regarding the principle of assistance to the party (Article 8), administrative officers are under the obligation to assist the parties, when they learn or determine that a party has a valid cause to exercise of a right. Furthermore, the authority is under the obligation to inform a party when the relevant law changes during the procedure;
  • An entirely new term is introduced – guarantee document – which designates a written act engaging the authority to issue the administrative document with established content, upon a parties’ request (Arts. 18-21);
  • Administrative contract is also introduced as an entirely novel concept and it is supposed to be concluded between authority and the party provided that it is against public interest and third parties rights (Arts. 22-26);
  • Another new concept is single administrative point, which provides possibility to a party to obtain all relevant information, by submitting a single request and by contacting a single administrative officer (Article 42);
  • Provisions on personal delivery have been significantly changed comparing to the previous statute (Article 75);
  • Provision about the wording (text) of a decision as document in administrative procedure have also been dramatically changed (Article 141);
  • There are two completely new grounds for reopening the procedure (Article 176).

Complaint is introduced as a new remedy. It can be applied according to Article 147 for the following reasons:

  •  Breach of the administrative contract
  •  Taking or failure to take an administrative action
  •  Provision of a public service.

Besides, it is important to highlighted that this new remedy can be applied only when the party has no other legal remedies at disposal. Deadlines for filling the complaint are:

  • Six months from authorities’ failure to fulfill obligation from administrative contract
  • Fifteen days from the performance of administrative action or failure to perform
  • Fifteen days from failure to provide public service orderly and quality

The complaint can be appealed to managing director of authority against whom the work is connected, who also decides on the complaint.

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