Project Proposal

RELATIONSHIP BETWEEN PUBLIC ADMINISTRATION AND CITIZENS FROM THE LAW OF PROCEDURE ASPECT

Author and coordinator:: Prof. dr Zoran Tomić

INTRODUCTION

The code of procedure has a wide and daily application in every state: from internal affairs (police), and military activity to taxes, customs, activities relating to public goods, expropriation, issuing of licenses, permissions and various public documents, not to mention the regulation of the activities of various public services, enterprises and institutions. It is therefore of essential importance that a new, modern law regulating this specific field is in place once this country enters a process of social, political and economic changes.

There are several substantial reasons that justify implementation of this project:

Deficiencies of the current Yugoslav law of administrative procedure:

Formalized and complex procedure (which is rarely observed, frequently violated and bypassed, abused and even ignored) which aggravates performance of administrative operations and the citizens' orientation, especially with respect to the exercise and protection of their rights;

Relative obsoleteness of the current Law of General Administrative Procedure, especially from the aspect of regulation of internal and external control of administration, level and means of procedural communications, preparation and distribution of enactments, "silence of administration", high-quality, consistent and fast execution of decisions.

2. Adjustment of principles of the Law of General

Administrative Procedure to modern international standards is an essential part of the unavoidable democratic "wave", which could bring present-day Yugoslavia closer, at least to some extent, to the on-going, accelerated legal and other linkages in the area of public law. In that sense, this project is an integral part of broader activities which are anticipated by LEX so as to ensure the recognition and intensification of the action of civil society, involving support to and formulation of modern legal solutions.

PROJECT OBJECTIVES

Short-term Objective:

The short term objective of this project is elaboration of the Yugoslav Law of Administrative Procedure model law, in accordance with the highest European legal standards (codification of general rules of administrative procedure in adoption, control and execution of administrative acts – based on a transparent and efficient administration under conditions of an open market economy, and proceeding, in particular, from adopted international documents on legal status of man and citizen in society and with respect to the state).

Long-term Objective:

The long-term objective of this project are:

advancement of legal relations between public administration and citizens, based on confidence and mutual respect;
achievement of citizens' legal safety and certainty;
a more complete protection of those civil rights and liberties which are exercised in the "administrative way";
improvement of administration efficiency.

PROJECT DESCRIPTION

Within the scope of this project, it is anticipated:

to formulate a model of the new Yugoslav Law of Administrative Procedure and
to present the provisional structure of the draft to both experts and general public (legal aspects of procedure, truth, economy of procedure, expert assistance to ignorant persons, two-level procedure);

Following elements will therefore be in focus of this project:

Jurisdiction and legal assistance (basic rules, powers within the body, party and its representation);
Course of proceedings up to the decision (institution of proceedings, communications within proceedings, foundation of facts, public hearing, means of evidence/special issue, use and force of official documents/, time limits and restoration to the previous condition);
Final decision (component parts of the decision, effects of the decision, silence of administration and legal consequences);
Public (administration) contract (applicability, conclusion, rights and responsibilities);
Regular administrative protection (plea, complaint, effects and outcomes, exhaustion of regular administrative procedure as an assumption for legal protection);
Extraordinary administrative protection (repetition of proceedings, ex officio control/official supervision/);
Ombudsman's powers in proceedings and with respect to proceedings;
Execution of a decision – administrative execution procedure (the course and participants in administrative execution procedure, method of execution, control of execution).

PROJECT IMPLEMENTION

The project will be implemented in three basic phases:

The first phase will include research into legal solutions and practice with respect to relationship between public administration and citizens, primarily in the EU countries, while at the same time observing domestic experience and practice in the application of administrative procedure regulations, as well as the keeping, improvement and revision of those legal documents which stood the test of time.

The second phase will include the formulation of the proposals of possible legal solutions applicable in the Yugoslav legal and social context, and the model of the possible law.

In the third phase the results of the previous two phases will be presented to experts and to local general public:

Proposed solutions in this area will be published in a special LEX publication, while the abstract of basic solutions will also be presented through the media;
A round table on these proposals will be organized with participation of experts in the relationship between public administration and citizens from the aspect of the law of procedure, as well as specialists in the relevant European legal standards;

EXPECTED RESULTS

Awareness building with experts, politicians and the general public of the need for recognition of basic public-law principles in the area of public administration and citizen relationship as well as of possibilities of respective action;

Development of respect for one's integrity and dignity, indemnification of citizens for improper work of public administration, principle of "equality with respect to public charges"; provision of privacy;
Introduction of a concept of public administration as a public service functioning for the well-being of citizens and not as public authority;
Introduction of the institute of public (administration) contract (a more humane and more flexible instrument than a classical administrative act) into the Yugoslav legal system;
Determination of the ombudsman's role in administrative procedure (at present, this institution is unknown in our social system);

Creation of conditions among experts, politicians and the general public for the adjustment of the current legal solutions and practices in the Federal Republic of Yugoslavia to modern international legal standards;
Building and affirmation of the civil society advocacy role as well as of its role in drafting model solutions adjusted to international legal standards.

PROJECT IMPLEMENTATION

The project will be implemented by the League of Experts – LEX in cooperation with other civil society organizations and independent media.

The LEX project team comprises:

Author and coordinator of the project: Dr Zoran R. Tomic, Full Professor of Administrative Law at the Law School, Belgrade University;

Member of the project team, senior: Mirjana Rašic, lawyer from Belgrade, specialist on the law of administrative procedure, former judge in the Administrative Department, District Court in Belgrade;

Member of the project team, junior: Marko Davinic, jurist, post-graduate student of Administrative Law at the Law School, Belgrade University.

PROJECT IMPLEMENTATION TIME FRAMEWORK

The project will be implemented in three basic phases, from July 2000 to July 2001.

The first phase will be implemented within 5 months.

The second phase will be implemented within a period of five months upon completion of the first one.

The third phase will be implemented parallel to the second one and will be completed within two months upon completion of the second phase at the latest.

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