РЕФОРМИСАЊЕ ВАНДРЕДНИХ ПРАВНИХ ЛЕКОВА У УПРАВНОМ ПОСТУПКУ
REFORM OF EXTRAORDINARY LEGAL REMEDIES IN ADMINISTRATIVE PROCEDURE

Summary/Abstract: It is true that the General Administrative Procedure Act is a kind of a monastery which is to be constantly annexed with new institutions, making the procedure for the protection of citizens' rights more comprehensive, profuse and versatile. However, this conception of administrative procedure basically entails the proceedings which protect the administration and, regardless of the democratic and egalitarian principles it is provided by, it places the citizens in a subordinate position. Administrative procedure is quite extensive, slow and difficult to handle, particularly when it comes to protecting parties' rights violated or infringed by the administrative authorities. This situation is, among other things, caused by a huge number of extraordinary remedies, which is not the case in some other procedures, such as civil and criminal. It has been proven in practice that many of these extraordinary remedies are very seldom applied; some of them are hardly ever applied because the requirements to set them in motion can barely be met. Therefore, the existing extraordinary remedies should either be eliminated or reformulated into other legally justifiable remedies, whereas some of the solutions from the abolished ones should be transposed into the remaining remedies. This would significantly unburden and simplify the complicated administrative procedure and make the protection of the parties' rights and the public interest substantially more efficient. The analysis of the applicable legal package of extraordinary remedies reveals that the following remedies should be excluded from the reformed procedure: amending and/or abolishing decisions pertaining to administrative disputes, the request for the protection of legality, abrogating and nullifying a decision on the basis of official supervision, abrogating and amending the legally enforceable decision upon a party consent or request. The remaining extraordinary remedies are to be reformulated, abridged and reduced. Restitution should be reinstituted into the system of extraordinary remedies. The untouchable cult of bulky and complicated procedural structure1 deriving from the past century should be subject to some changes.

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