Special Administrative Procedures
Course type
Study programme and level
Language
slovenščina
Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
---|---|---|---|---|---|
35 | 30 | 85 | 6 |
Study programme and level | Study field | Academic year | Semester |
I. level | Law and Management of Infrastructure and Real Estate | 3 | 1 |
Course type
Optional
Workload | Lectures (h/semester) | Seminar
(h/semester) |
Tutorial
(h/semester) |
Individual Work (h/semester) | ECTS |
35 | 30 | 85 | 6 |
Lecturer
mag. Marko Starman
Language
English
Prerequisites
– Lectures with students active participation (presentation, discussion, questions, examples, problem solving);
– Exercises;
– Individual and / or group consultations (discussion, additional explanation, specific questions).
– Knowledge of basic legal terms and concepts.
– General knowledge and ability to understand basic concepts and social problems related to administrative procedures.
Content (Syllabus outline)
INTRODUCTION
– General principles of administrative procedural law, according to the General Administrative Procedure Act. General characteristics of the administrative procedural law and its relation to the administrative substantive and administrative organizational law. Understanding the principle of subsidiarity.
SPECIFIC INSTITUTES OF ADMINISTRATIVE PROCEDURAL LAW
– INSPECTION PROCEDURES
– The legal matter is presented as follows: general provisions, principles, organization, status, rights and duties of inspectors, inspector’s authorization, inspection procedure, measures of inspectors, damage liability related to the inspection.
– Inspections at the state level and inspections at the local level. Protection of public interest as allowed cornerstone of control. Organization of the inspection service. Compatibility of measures and pursued objectives. Relationship between different laws regulating inspection procedure, double subsidiarity. Principles of inspection procedures: independence, protection of public interest and private interests, the principle of transparency, proportionality. Jurisdiction. Procedure. Measures: prevention, regular, special, and for the protection of third parties. Decisions. Complaint procedure. Deciding on minor offenses as a side action for breach of the rules. Meaningful use of the General Administrative Procedure Act. Damage liability.
EXPROPRIATION PROCEDURES:
– Expropriation and restriction of ownership is regulated by the Constitution and the Law on Spatial Planning as follows: general provisions, expropriation, which consists of expropriation procedure, compensation and replacement property, other rights. Procedures restricting property rights, the return of property, the abolition of servitude in the public interest and the suspension of the right of use are presented as well.
Study Literature
– Mag. Marko Starman, lecture materials.
– Regulations (laws, regulations enactments), which will be addressed in the lectures.
– The Constitution of the Republic of Slovenia.
– General Administrative Procedure Act.
– Inspection Act.
– Spatial Management Act.
Objectives and competences
The course consists of the presentation of the basic elements inspection processes and eminant domain process. This is a partial upgrade of skills of general administrative procedure in the sense of systemic role of legal protection of administrative rights. Lectures are focused on short presentations of some specific administrative procedures in relation to the subsidiary application of the general administrative procedure, such as inspection procedure under the Law on inspection and eminent domain procedure of taking of property).
It is also important to establish links between the content of the course and some of the other key areas of the curriculum of the faculty at the undergraduate level (in particular with the following subjects: administrative substantive law, general administrative procedural law and public administration, general zoninng regulation).
Intended learning outcomes
Knowledge and understanding:
• comprehensive, critical thinking, ability to analyze, synthesize, and predict solutions in the field of administrative procedural law, public administration and other social science (interdisciplinary);
• Ability to creatively use the knowledge in the legal and business environment;
• Knowledge and understanding of the development of administrative procedural law and the process of modernization of the administration;
• Ability to solve real work problems using scientific methods and procedures in the field of administrative procedural law;
• Ability to include new information and interpretations in the context of administrative procedural law.
Students will develop some object-specific knowledge and understanding:
• Understanding of general administrative procedural law and relationship to specific administrative procedures, and basic problems in this area;
• Ability to solve simple technical problems in the field of administrative procedural law;
• Understanding of the Slovenian system of procedural administrative law as well as the latest development processes of the system in Slovenia.
Learning and teaching methods
– Frontal;
– Interpretation;
– Interview / discussion / debate;
– Working with text;
– Other types of student performances;
– Using a projector for electronic presentations (PowerPoint).
Assessment
Type (written examination)
Lecturer’s references
Articles:
- Park Strunjan – cases and controversies«, Public Enterprise Quarterly Journal, vol. 20, no. 1-2, 2014. ISSN – 0351 – 3564, september 2014
- »Litigation procedure between member states – the dark (economic) side of the gass terminals«, Podjetje in delo, št. 6-7/2011
- »Interplay between housing policy and policy of public procurement Public administration, number 43/.3-4/Ljubljana 2007, page. 111-123; UDK 351.712:349.44,
- »Zoning regulation on the Constitutional court”, UPRAVA – administration, year VI, no. 3, October 2008; UDK: 711:342.565.2;
Lectures and studies:
- XIII. Dnevi javnega prava in javnega managementa,- annual meeting on public law and administration 7th of June .2007, Portorož,, Financing of public private partnership from EU funds, Housing law, video surveillance and personal data protection
- Acquisition of real estate in EU member states, 3.-5th .November, 2008, Taiex workshop, Ankara
- Co-author of a study commissioned by the of Ministry for environment on the “Legal aspects of the pre-litigation procedure before the European Commission in accordance with Article 259 of the Treaty on the Functioning of the European Union regarding placement of gas terminals in the Gulf of Trieste and its coastal area« produced by the Law school of Maribor,September 2010;
- Co-author of the study on the partial devolution of the powers of the Constitutional court on administrative courts (third paragraph of the article 160 of the Constitution), Ljubljana: National Assembly of the Republic of Slovenia, 2010
- »Legal aspects od environmental protection«, Center for judicial trainning, 2.-3. april 2012