Is Serbian Administrative Procedure Red, Green, or Forever Amber?
Is Serbian Administrative Procedure Red, Green, or Forever Amber?

Author(s): Dejan Vučetić
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: Serbia; administrative pocedure; sector-specific administrative procedures
Summary/Abstract: In this Chapter, the author provided answers to six proposed research questions from the perspective of Serbian administrative law. The research has shown that there are two models of administrative procedure, which have different origins and are loosely correlated. The focal point of this research was the second model and its underlying principles (such as efficiency and effectiveness), as well as the necessary elements of legislative acts regulating sector-specific administrative procedures which are set in the Act on the Registry of Administrative Procedures 2021. The second central research issue were the participatory mechanisms for the inclusion of the wider public into administrative procedure (the interested person, representatives of collective interests and representatives of the general public interest) and the controversies related to their partially regulated procedural position. The author proposes several solutions for resolving the dilemma on setting the boundary line between legalism and pragmatism. As a general rule, legality shall prevail in administrative procedures involving ordinary citizens; on the other hand, pragmatism shall be given priority in case of business-related proceedings and procedural communication between administrative authorities and parties. Finally, given the increasing complexity of administrative procedure law and strong differentiation of administrative functions, the author underscores the growing importance of sector-specific administrative procedures.

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