Administrative Procedures !

Administrative procedures have a three-fold purpose. Firstly, administrative procedures influence the realization of human rights and determine the level of legal protection of citizens’ rights. Secondly, they can contribute to the achievement of certain wider societal values, like the rule of law, legality, curbing corruption, raising the level of transparency in public administration, etc. Last but not least, administrative procedures are a substantial part of administrative technology responsible, to a large extent, for (in) efficiency of public administration – too complex and detailed legal regulation of administrative procedures that imitate formal and complex court procedures can significantly add to public administration’s inefficiency. Such a complex purpose of administrative procedural law makes legislative changes and changes in administrative practice difficult to achieve – it asks for a systemic approach in drafting a new law and comprehensive measures to upgrade practice. Administrative procedures and administrative justice are two of the main pillars of the system of legal protection of citizens’ rights. It is very important to thoughtfully plan and coordinate changes in both components in advance. Legal protection of citizens is a complex system consisting of procedural protection within public administration, national and international court control over administrative acts and actions, court protection of constitutional rights (mostly in the constitutional courts), ombudsman protection, guarantees of open access to public sector information, protection of human rights and fundamental freedoms (in the European Court of Human Rights in Strasbourg, etc.)

 *This designation is without prejudice to positions on status, and it is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence