Administrative Judicial Protection
Course type
Study programme and level
Language
slovenščina
Lectures | Seminar | Tutorial | Other forms of study | Individual Work | ECTS |
---|---|---|---|---|---|
30 | 95 | 5 |
An administrative dispute (i.e. the judicial review of administrative acts) as means of judicial control of legality.
Identification of the completed administrative act and other individual act; Concrete administrative act and other individual act as a subject matter of an administrative dispute; Distinctive elements of a concrete administrative and other individual act from the point of view of a court action; An administrative rule from the point of view of an actionable individual act subject to judicial review of administrative acts; actionability of acts and actions that encroach upon constitutional rights and freedoms, administrative dispute as means of general judicial protection of constitutional rights which have no special judicial protection provided for
The Administrative Dispute Act as a procedural tool of the court; appropriate application of the provisions of the Civil Procedure Act.
Parties to the administrative dispute, status of the representative of public interest, dual role of the State Attorney.
Violation of rights and legal entitlements as a condition for being able to bring a court action; dispute on the grounds of non-issue of the administrative or other individual act; court action for restitution of goods and court action for compensation; grounds for contesting an act; the obligation of the court to remain within the confines of the court action’s contents when deciding on the legality of the contested act; the power of the court to decide beyond the confines of the court action’s contents; scope of admissible control over discretionary powers of administrative bodies.
Procedural preconditions; formal preliminary examination of the action; preliminary proceeding; preliminary issues.
Interim decisions, quasi and genuine interim decision; identical interim decisions and court actions; suspension of the enforcement of a contested act before an administrative authority and conditions for a regulatory interim decision; interim decision in the event of an encroachment upon constitutional rights.
Court deliberation procedure, obligation of holding a main hearing; consequences of a failure to hold a main hearing for the legality of a trial; decision-making based on court’s own determination of the state of facts; decision-making based on the information provided in the case file; decision on legality, full jurisdiction dispute; determination of the power of the court to decide on the merits of an administrative matter itself; operative part of a judgment in case of an encroachment upon constitutional rights; urgency of an expedited procedure; court decision; formality of the decision.
Consequences of an annulment of an administrative or other individual act; reconsideration of the administrative body following the judgement of the court of first instance; consequences of the final annulment of the administrative act.
Legal remedies; appeal; grounds for appeal; consequences of setting aside the judgment of the court of first instance; main hearing before the Supreme Court and the modification of the judgement rendered at first instance.
Extraordinary legal remedies; request for protection of legality and a motion to reopen the proceedings; legal consequences of a judgment setting aside the decision of the court of first instance and of the motion to reopen the proceedings.
Enforcement of the court’s decision; administrative and court enforcement; enforcement chargeable to the state.
Special judicial protection
Judicial protection in administrative matters for which judicial protection is provided before The Labour and Social Court; specific nature of the aforementioned judicial protection in relation to an administrative dispute, special features of a social dispute, scope of judicial remedies; ensuring a right by the court.
Constitutional complaint to the Constitutional court against a court decision rendered in an administrative or in a social dispute.
Admissibility of a complaint to the European Court of Human Rights under Article 6 of the European Convention on Human Rights.