Administrative Contracts in the New General Administrative Procedure Act in Western Balkans Countires Cover Image

Upravni ugovori u zakonima o opštem upravnom postuku zemalja zapadnog Balkana
Administrative Contracts in the New General Administrative Procedure Act in Western Balkans Countires

Author(s): Dejan Lj. Milenković
Subject(s): International Law
Published by: Institut za uporedno pravo
Keywords: administrative contracts; GAPA; Western Balkans

Summary/Abstract: Administrative contract, as well as specific legal institut, draws the attention of theoreticians of administrative law for more than a century. For them, it is that they are “formally” recognized by the courts, or in special substantive laws or Generally Administrative procedural Act (GAPA), we can find in almost all Euro-continental legal systems. In the former Yugoslav theory, in conjunction with the institute of administrative contracts are continuously guided serious discussions since the sixties of the 20th century. However, at several last years, we can see the intention and tendecy that the administrative contracts have to be generally defined by GAPA. Today, all countries of the Western Balkans, except Bosnia and Herzegovina, have in new GAPA a special section that regulates this institute and its specific legal regime. However, the ways in which they are formulated and regulated depend on specifics of the legal system in each of these countries. In this paper, we gave the comparative archive and analyze legal norms relating to administrative contracts in new GAPA in Croatia, Montenegro, Macedonia, Albania and Serbia, with basic similarities and differences in thair existing legal regimes.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 67-80
  • Page Count: 14
  • Language: Serbian