ПОНАВЉАЊЕ ПОСТУПК А У УПРАВНОМ СПОРУ
REOPENING THE ADMINISTRATIVE DISPUTE PROCEDURE

Summary/Abstract: The paper presents a detailed analysis of the institute of reopening the administrative dispute procedure as an extraordinary legal remedy in administrative disputes, especially in the context of the absence of regular legal remedies in Serbian law on administrative disputes. In addition to analyzing the most relevant norms in Serbian legislation and the jurisprudence of the Administrative Court and the Supreme Court of the Republic of Serbia, the authors particularly focus on practical effectiveness of the normative solutions provided in the Administrative Disputes Act 2009. The entire analysis is placed in the broader context of the right to an effective legal remedy and the right to a fair trial guaranteed by the European Convention for the Protection of Human Rights (ECHR). The authors conclude that it is necessary to reform the administrative dispute procedure in Serbia and transform it into a two-instance court procedure.

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