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Controversies of administrative legislation in Serbia

Niš, 16.05.2024.

The thirteenth lecture, for the second generation of participants, as part of the training program Strengthening Capacity for Judicial Reform - southern Serbia, was held by law professor Dr. Stevan Lilić. The title of the lecture is Controversies of Administrative Legislation in Serbia

A multitude of regulations shape the course of administrative proceedings, with the key ones being the Law on General Administrative Procedure (from 2016), the Law on Administrative Disputes (from 2009), and the administrative judicial practice itself (of the Administrative, Supreme and Constitutional Courts). It's evident that numerous administrative procedures in Serbia disregard and infringe upon the fundamental principles of administrative procedure - legality and predictability, effectiveness and economy of the procedure, and the principle of truth. The prevalent issue of 'silence of administration' exacerbates these problems. The inadequate solutions of the laws above contribute significantly to these issues. In this lecture, we delved into the following:

  • Contradictions of the concept of governance

  • Administrative contracts and authentic interpretation of the Assembly of Serbia

  • Is an objection a regular legal remedy?

  • Annulment (instead of publication) of void administrative acts

  • The reasons for the adoption of the Law on Administrative Disputes (2009), as well as the shortcomings of this law according to the reports of the European Commission

  • Contradictory definitions in the Law on Administrative Disputes and the Law on General Administrative Procedure (the definitions of administrative activity and administrative matters do not match)

  • Contradictions of administrative judicial practice

The lecture was realized with the support of the Open Society Foundation


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