Legal Protection of Citizens in the Case of Administration Silence Cover Image

Правна заштита грађана у случају „ћутања управе“
Legal Protection of Citizens in the Case of Administration Silence

Author(s): Sanja Golijanin
Subject(s): Civil Society, Public Administration, Public Law, Sociology of Politics
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Administration silence; Complaint due to administration silence; Appeal due to administration silence;

Summary/Abstract: Institute of administration silence has attracted and still does with the same intensity, the attention of domestic, as well as the foreign legal thought. The inactivity of public administration bodies leads to numerous harmful consequences, primarily for parties involved in the procedure. On the other hand, long duration of the procedure or non-issuance of decisions within the prescribed deadline by administrative body may lead to self-initiated achievement of citizens’ rights. All this indicates that there is a necessity for continuing and consistent development of legal mechanisams for protection of citizens should administration silence appear. This paper indicates the existing legal solutions that enable citizens to enjoy protection in cases when admi-nistrative and other individual decisions, based on which citizens exercise their rights and legal interests deriving from laws and law-based regu-lations, are not being issued. This paper also underlines certain gaps and deficiencies in terms of legal regulation of second instance procedure and procedure based on appeal due to administration silence.

  • Issue Year: 2/2011
  • Issue No: 1
  • Page Range: 65-84
  • Page Count: 20
  • Language: Serbian