The administrative procedure is regulated in the Act on General Administrative Procedure (Official Gazette of the Republic of Slovenia, No. 24/06 et seq.). Administrative and other state bodies, bodies of self-governing local communities and holders of public authority must act in accordance with this law when, in administrative matters, directly applying regulations, they decide on the rights, obligations or legal benefits of individuals, legal entities and other parties.
In an administrative dispute, judicial protection of the rights and legal benefits of individuals and organizations against the decisions and actions of state bodies, local community bodies and holders of public authority is ensured.
An administrative matter is a decision on the right, obligation or legal benefit of a natural or legal person or other party in the field of administrative law. It is considered to be an administrative case if it is determined by regulation that the authority conducts an administrative procedure in a certain case, makes a decision in an administrative procedure or issues an administrative decision, or if this arises from the nature of the case in order to protect the public interest.
The authority makes decisions in administrative matters according to the law, by-laws, regulations of local communities and general acts issued for the exercise of public powers. In administrative matters in which the authority is entitled by law or by regulation of the local community to make decisions based on free discretion, the decision must be issued within the limits of the authority and in accordance with the purpose for which the authority is given. The purpose and scope of the authorization is determined by the law or regulation of the local community, which contains the authority to make decisions based on free discretion. Even in administrative matters, in which the authority is entitled to make decisions at its discretion, it must act in accordance with this law.
In the procedure, it is necessary to establish the true factual situation and, for this purpose, establish all the facts that are important for a legal and correct decision. On the basis of likely proven facts, the authority can only make a decision if the law so stipulates.
The client has the right to appeal against the decision issued at the first instance. Only by law can it be prescribed that appeals are not allowed in individual administrative matters. When a representative body or government is competent to make a decision in the first instance, an appeal is not allowed. When the ministry is responsible for decision-making at the first level, an appeal is only allowed if the law so stipulates. The law must also specify who decides on the appeal. Under the conditions set out in this law, the client has the right to appeal even if the first instance authority has not issued a decision on his request within a certain period.
A party in an administrative procedure can be any natural person and legal entity under private or public law, at whose request the procedure is initiated or against which the procedure is ongoing.
Based on the facts established in the procedure, the authority competent to make a decision issues a decision on the matter that is the subject of the procedure . With a decision, it decides on all the client’s claims, even if the procedure is initiated ex officio.
When the procedure is started at the request of the party or ex officio, if this is in the interest of the party, and no special ascertainment procedure is necessary before the decision, the competent authority must issue a decision and serve it to the party as soon as possible, but no later than one month from the day it was received a complete application for the initiation of the procedure, or from the date when the procedure was initiated ex officio. In other cases, when the procedure is initiated at the request of the client or ex officio, if this is in the interest of the client, the competent authority must issue a decision and serve it to the client within two months at the latest. If the client submits an incomplete application and completes it upon request, the deadline from the previous paragraph begins to run from the day the authority receives the completed application. If the competent authority, against whose decision an appeal is allowed, does not issue a decision and does not serve it to the client within the prescribed period, the client has the right to appeal as if his claim had been rejected.
The client has the right to appeal against the decision issued at the first instance. Any other person can also file an appeal if the decision interferes with their rights or legal benefits, within the deadline set for the customer. If the person who should have participated as a side participant was not served with the decision, he or she may request service of the decision within the time limit that the party has for filing an appeal and then file an appeal within the same time limit as is set for the party, if from all the circumstances it follows that this person did not know about the issuance of the decision or could not conclude from the circumstances that the decision had been issued. If the competent authority does not comply with the request for service of the decision, it rejects the request with a decision. An appeal is allowed against this decision.
