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Protecting Human Rights through Fundamental Principles of Administrative Procedures in Eastern Europe

Author

Listed:
  • Tina Sever

    (University of Ljubljana)

  • Iztok Rakar

    (University of Ljubljana)

  • Polonca Kovac

    (University of Ljubljana)

Abstract

Administrative procedures (APs) are tools to protect fundamental human rights in statecitizen relations. As the modernization of public administration regulation is undergoing a transformation in the direction of reducing detailed rules on APs and, by the same token, emphasizing fundamental or general principles, research on the development and the state of the art of administrative principles in the general administrative procedure acts (APAs) of selected Eastern Europe countries with a common heritage of Austrian law dating back to 1925 (Slovenia, Croatia, Macedonia and the Czech Republic) was carried out. The normative-comparative analysis reveals differences in approaches to and the pace of APAs reform and content; some countries are taking a more radical approach, mainly by following good governance dimensions. Convergence based on Council of Europe and EU initiatives is also evident. Classical guarantees against the misuse of power (principles of legality, equality, proportionality, rights of defense, etc.) are therefore crucial. The most progress seems to have been made by Croatia and the Czech Republic; by focusing on partnerships in administrative-legal relations in the sense of good administration, these two countries have, among other things, set a trend for other countries to follow.

Suggested Citation

  • Tina Sever & Iztok Rakar & Polonca Kovac, 2014. "Protecting Human Rights through Fundamental Principles of Administrative Procedures in Eastern Europe," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 4, pages 249-275, December.
    • Handle: RePEc:cmn:journl:y:2014:i:4:p:249-275
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    References listed on IDEAS

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    1. Diana-Camelia IANCU, 2012. "Re(De)-Forming public administration: an expert outlook on reform planning in Romania," Theoretical and Applied Economics, Asociatia Generala a Economistilor din Romania / Editura Economica, vol. 0(8(573)), pages 103-124, August.
    2. Joana Mendes, 2009. "Good Administration in EU Law and the European Code of Good Administrative Behaviour," EUI-LAW Working Papers 9, European University Institute (EUI), Department of Law.
    3. Oecd, 2010. "The Right to Open Public Administrations in Europe: Emerging Legal Standards," SIGMA Papers 46, OECD Publishing.
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    Cited by:

    1. Kovač Polonca, 2016. "Openness and Transparency in (Slovene) Administrative Procedures as Fundamental European Principles," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 9(2), pages 49-67, December.
    2. Sever Tina & Đanić Ana & Kovać Polonca, 2016. "Effective Legal Protection against the Excessive Length of Administrative Decision-Making: The Cases of Slovenia and Croatia," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 9(1), pages 135-166, June.

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