МЕРИТОРНО СУДСКО РЈЕШЕЊЕ У УПРАВНОМ СПОРУ
CERTAIN DILEMAS REGARDING THE POSSIBLITY FOR FURTHER CHALLENGING OF THE COURT DECISION ON MERITS IN ADMINISTRATIVE DISPUTE

Summary/Abstract: Taking into account sui generis legal nature of the (court) decision by which the court in case of extended (repeated) silence of the management (so called silence of the management regarding the execution of the court decision in administrative dispute) adjudicate on the merits regarding the res administrativa in administrative dispute (specific dispute subtype of the full jurisdiction), this paper aims to consider which legal means (again) could be used if further contest of such court decision is necessary, in nature of administrative act, and whether and how the courts proceed in such situations. Author shall in its paper use comparative legal methodological approach, analyzing upcoming normative solutions in positive regulations that are regulating mentioned situation in administrative dispute in the Republic of Croatia, Serbia and Bosnia and Herzegovina (de lege lata). Also, the author shall, upon consideration of the existing normative solutions, suggest several specific proposals for modification and/or amendments of the statutory regulation when needed (de lege ferenda) with the aim to remove identified dilemmas and uncertainties regarding the possibility of (further) contest of the court decision on the merits in administrative dispute.

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