FUNKCIONALNA NADLEŽNOST U UPRAVNOM POSTUPKU - SMISAO I ZNAČAJ
FUNCTIONAL JURISDICTION IN ADMINISTRATIVE PROCEDURE – PURPOSE AND SIGNIFICANCE

Summary/Abstract: The term „jurisdiction“ denotes the set of rights and obligations pertaining to a specific legal subject in relation to the performance of its functions and tasks, establishing it as one of the fundamental procedural-legal institutions. It determines the subject that is both authorized and obligated to act in specific legal matters. The delineation of jurisdiction for public authorities enables the establishment and functioning of the state legal system, while simultaneously protecting individuals from the arbitrary conduct of public bodies. Within the context of administrative procedural law, an administrative body is competent to adjudicate a specific administrative matter only to the extent that the authority to render such a decision is conferred upon it by law or by a sub-legislative act enacted based on law. In accordance with theoretical classifications, the institution of jurisdiction can be divided into absolute and relative, with relative jurisdiction further categorized into subject-matter, territorial, and functional jurisdiction. Functional jurisdiction specifically regulates which organizational unit or official within a given administrative body is entrusted with the performance of particular administrative tasks. It represents an essential component of a modern administration, founded on the principles of accountability, expertise, and the rule of law. Its clear and comprehensive regulation, coupled with consistent application in administrative practice, is indispensable for the effective functioning of the administration, the protection of parties’ rights, and the preservation of the legal order. Functional jurisdiction may be established by law or by sub-legislative acts. Among sub-legislative acts, the most significant is the Internal Organization Act, which typically stipulates which (basic and internal) organizational units, i.e., authorized officials within an administrative body, are responsible for performing specific tasks falling under that body’s jurisdiction. This paper will elucidate the purpose and importance of adhering to functional jurisdiction.

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