Introduction into Serbian Administrative Law Vuk Cucic University of Belgrade Faculty of Law Source of Law ´ Sources of (Administrative) Law ´Direct sources: ´The Constitution (2006) ´Ratified international agreements (Arts. 18, 20 Const.) ´Laws / Acts (GAPA, ADA, SAA, LGA) ´Bylaws and other general legal acts ´ ´Indirect source: ´Administrative and judicial case-law (principle of legitimate expectations) ´Precedents Organization of Administration ´ Division of Powers Constitutional Court? Independent State Authorities Division of Powers Constitutional Court? Independent State Authorities Control of Administration ´ Political Control of the Administration ´Parliament – ministerial responsibility, MPs questions, parliamentary commissions, ombudsman’s yearly report ´Government – formulating policies, appointing and removing ministers and other administrative officials ´Public Legal Control of the Administration ´Administrative (internal) control – hierarchal appeals, extraordinary legal remedies, administrative inspection ´Judicial control – ordinary (civil and criminal courts), the Administrative Court, the Constitutional Court ´Independent authorities control – Data Protection Commissioner, Public Procurement Commission Ombudsman ´External non-legal control with legal elements ´On application or ex officio ´Recommendations Administrative Procedure ´ Administrative Procedure ´General Administrative Procedure Act (1930) [GAPA] ´1997 GAPA: ´Individual legal administrative acts (decisions) ´Public certificate issuance ´2016 GAPA: ´Also administrative contracts, factual acts of administration, provision of public services, guarantee acts Administrative Procedure ´1997 / 2016 GAPA: ´General principles – legality, efficiency, economy, truth, consultation, assistance ´First-instance procedure – issuance of administrative act and public certificates (2016 – guarantee acts) ´Appellate proceeding – hierarchal remedy (factual acts of administration, provision of public services, adm. contracts) ´Objection – remonstrative (gracious) remedy ´Extraordinary legal remedies ´Administrative execution Administrative Judiciary ´ Judicial Control of Administration ´Ordinary courts – civil litigation (damages), criminal procedure ´The Constitutional Court: ´Constitutionality and legality of general legal acts (administrative regulations) ´Constitutional appeal (adm. acts and factual acts of administration) ´The Administrative Court Administrative Judiciary ´One Administrative Court ´ ´No Appeal ´ ´Supreme Court of Cassation – Request for judgment re-assessment ´ Administrative Judiciary ´One Administrative Court ´No Appeal ´Supreme Court of Cassation – Request for judgment re-assessment Administrative Judiciary ´Mandatory administrative appeal ´Administrative acts only ´(mainly) written procedure ´Not deciding on the merits of the case ´No appeal, 2 extraordinary legal remedies