Organization of justice and public administration

Prerequisits:
Enrolment in the 1st year of study

Content :

1. Theoretical definition of the organization of justice and public administration
2. Founders of justice and public administration
3. Fundamental values and principles of the organization of justice and public administration
4. Principles of the rule of law, separation of powers and constitutional democracy
5. The role of the judiciary and public administration in a constitutional democracy
6. Definition of the right to a fair trial
7. Definition of the right to good administration
8. Functions of the judiciary and relations with other branches of government
9. Internal and external independence of the judiciary
10. Supervision of the work of the judiciary and its liability for damages
11. Functions of public administration and relations with other branches of government
12. State administration
13. Local self-government
14. Public administration
15. Institutions in the public administration system
16. Right to judicial protection
17. Supervision over the work of public administration and its liability for damages

Readings:

Required readings:

• Matej Avbelj (ur.), Komentar Ustave RS, Nova univerza, 2019.
• Lovro Šturm, Omejitev oblasti, Nova revija, 1998.
• Jernej Letnar Černič, Matej Avbelj, Marko Novak, Dejan Valentinčič, Reforma demokratične in pravne države v Sloveniji. 1. natis. Kranj: Nova univerza, Fakulteta za državne in evropske študije, cop. 2018.
• Jernej Letnar Černič, Slovenija na razpotju: geneza varstva človekovih pravic v
• slovenski družbi, Kranj: Nova univerza, Fakulteta za državne in evropske
• študije, cop. 2018.

Recommended readings:

• Jernej Letnar Černič et al., Slovenija pred Evropskim sodiščem za človekove pravice: (1994-2016),
• Ljubljana: Fakulteta za državne in evropske študije, 2017.
• Christoph Grabenwarter, European Convention on Human Rights – Commentary, Beck, 2014.

Objectives and competences:

Students will develop general competences::

• Ability and encouragement to take into account ethical values, socially responsible thinking and a critical attitude towards social events in decisions, regardless of the subject and level of decision-making.
• Initiative and independence in decision-making.
• Deepening knowledge in the field of substantive administrative law, the field of administrative procedure and the field of constitutional protection.
• Specialized legal knowledge in the field of substantive and administrative procedural law, which supports the professional orientation of the student.
• Broad analytical ability to know the processes related to the activities of the organization in the legal, organizational and other fields in the economic and public sector.
• Ability to transfer theoretical knowledge into practice with the ability to solve more complex cases that require the integration of different legal areas, and the preparation of more complex legal acts.
• Ability to analyse the internal and external legal conditions of the organization, define achievable goals and develop a strategy for achieving them.
• Ability to work independently and in teams, in professional and scientific research work.
• Development and use of legal syllogism and argumentation, general communication skills, presentation of acquired knowledge inside and outside the organization and the international environment.
• Ability to use different interpretive methods of interpreting legal texts.
• Ability to do basic scientific research and find legal sources.
• Ability to use solutions from various professional and scientific disciplines in planning the goals of the organization and introducing changes in the organization.

Students will develop subject-specific competences: :

• Ability to combine knowledge from different fields (inter-disciplinarity);
• Ability to place new information and interpretations in the context of the development of the profession;
• Use of effective legal approaches in the public sector;
• In-depth knowledge of the chosen topic and its application in practice;
• Knowledge of the use of analysis, synthesis and prediction of solutions and the consequences of phenomena in intercultural communication and international business;
• Ability to use knowledge of business ethics and culture in unpredictable situations of international operations, and especially the EU environment.
• knowledge and understanding of basic legal concepts, legal principles and rules in the field of administrative law; social processes and the ability to analyze, synthesize and predict solutions and their consequences;
• understanding the importance of applying constitutional principles for the functioning of a democratic and legal state and developing the ability to access domestic and foreign case law;
• understanding and ability to apply the fundamental values ​​of the Slovenian constitutional order (human dignity, pluralism, freedom, equality and solidarity) in practice;
• ability to study independently and autonomously;
• developing the ability to critically analyze legal sources and legal texts;
• critical reflection on existing legal sources and assessment of their need and quality;
• application of concepts, principles and legal rules in resolving concrete cases from administrative and administrative case law;
• the ability to apply the principles of the rule of law, the rule of law and constitutional democracy in practice;
• ability to critically discuss and analyze the basic concepts, principles and rules of administrative law;
• understanding and ability to assess the quality of the functioning of the institutions of a democratic and legal state in the implementation of the principles and rules of the organization of justice and public administration;
• ability to adequately cite domestic and international legal sources, domestic and international case law and electronic sources;

Intended learning outcomes:

The student will gain the following study results:

• Introducing students to the concept and development of the organization of justice and public administration;
• Mastering the fundamental issues of the organization of justice and public administration;
• develops interest and knowledge about the organization of justice and public administration;
• develop a critical understanding of the organization of justice and public administration;
• is able to make critical judgments and analyses and interpret events and orientations from the organization of justice and public administration;
• is able to critically assess and comment on the practice of regular courts, administrative bodies, administrative courts and the Constitutional Court;
• is able to critically address the protection of human rights and fundamental freedoms in administrative and constitutional law;
• is able to properly place the right to good governance in the field of human rights protection in the organization of justice and public administration;
• able to critically assess, analyze and interpret events and policies related to aspects of the organization of justice and public administration in the modern period;
• knows and uses basic methodological approaches in researching issues of the organization of justice and public administration;

Learning and teaching methods:
Lectures with active student participation, case studies, individual and group research work, distance learning with ICT and presentations.

Assessment:

• Written exam (80%) and
• written assignment (20%).

The condition for taking the written exam is a positively assessed written assignment.

• Written exam (80%) and
• written assignment (20%).

Lecturer's references:
Jernej Letnar Černič is Associate Professor of Human Rights Law, Administrative Law and Constitutional Law. He graduated from the University of Ljubljana with the France Prešeren award. He completed his Ph.D. in Law at the School of Law, University of Aberdeen, Scotland, UK. Jernej has worked at the European Ombudsman's Office, the Superior Court of the Republic of Slovenia, the Law Institute in Ljubljana, the International Criminal Court, and has taught at the University of Aberdeen, University of Lund, New York University and European University Institute.