Selected chapters of administrative substantive and procedural law

Subject	Selected chapters of administrative substantive and procedural law
Semester	1st semester
Type	Required
ECTS	6 KT
Study programme:	Law studies (Master)
Primary language:	Slovene

Content: 
The course includes its following basic concepts: definition and demarcation of concepts of administrative Law (formation, development, classification), administration, state administration, public administration. Sources of administrative law and their relevance to the work of the administration. Case law as a basis for the work of the administration. Administrative law norms and instruments (types, the hierarchy and dependence). Consistency of administrative norms and regulations. Specific questions of the legality of the adoption of individual administrative acts. The role of the public administration in the protection of human rights and its constitutional aspects. This course aims to acquaint students the concept and development of administrative law and its core institutes.

The course deals at the postgraduate level primarily with issues relating to sources of administrative law, the formation and use of administrative norms governing not only abstract and concrete administrative relations, but also all those issues which are important for proper legal and legitimate function of the public administration in the execution of its functions at the local and state level. Special attention is paid to addressing the compliance of administrative norms with higher norms and addressing the specific problems of legality (discretion, undefined legal concepts, legal lacunae) in the issuance of administrative norms. It will address the issues related to the role of the administration in the implementation of human rights and forms of judicial review of acts of the administration especially in the light of the case law of the Slovenian Constitutional Court and the European Court of Human Rights. This course at the postgraduate level also examines specific areas and institutes of administrative law and deals with the administrative functioning of the institutions and bodies of the three fundamental aspects of administrative bodies, both in terms of determination and significance of the powers of the administrative procedure, as well as the contents of the field. Special attention is given to establishing and implementing powers and competences in the field of home affairs, which are considered from the perspective of the fundamental principles of the constitutional order of the Republic of Slovenia, as well as from the perspective of human rights and fundamental freedoms.

Within the part of the course, which will include selected chapters of administrative procedural law, students (hereinafter: students) will get acquainted and in depth discuss and study the basic principles of administrative procedure from the point of view of their origin in t.i. human procedural rights and their importance for strengthening the principles of the rule of law in decision-making procedures on the rights and obligations of individuals and legal entities in the context of administrative and other public law matters. Special attention will be paid to the position of the individual and other participants in the procedure from the point of view of the right to equal protection of rights from Article 22 of the Constitution, both in the part guaranteeing the right to be acquainted with the procedure and in the part guaranteeing the right to declare to the answer. An important constitutional aspect, which will be discussed as a special topic in this part of the subject, is also legal protection against decisions of administrative and other bodies that decide on the rights, obligations and legal benefits of individuals and other persons. The right to appeal or other legal remedy guaranteed by Article 25 of the Constitution will be discussed, as well as the right to judicial protection against final decisions of administrative and other bodies based on Articles 23 and 157 of the Constitution, and the manner of its execution is regulated. in the laws governing administrative judicial protection.

The subject of special treatment will be the institutes of administrative procedural law, which are based on Article 158 of the Constitution. These are finality, finality and enforceability. Finality and finality will also be considered from the point of view of their importance for the implementation of the prohibition of interfering with acquired rights and protection of trust in law (legal security), which is based on Article 2 of the Constitution, according to which Slovenia is a state governed by the rule of law.

Within this part of the course, the constitutional protection against legal acts of the administration will also be discussed, with particular reference to executive regulations and general acts for the exercise of public powers and individual administrative acts (administrative decisions and individual acts for the exercise of public powers). The discussion will include in particular the importance of constitutional protection for the position of individuals and other persons acting in relations with the executive branch and holders of public authority, access to the Constitutional Court and its role in relation to the regular judiciary, constitutional decision-making techniques and the legal effect of constitutional court decisions. executive bodies and holders of public authority on the one hand, and individuals and other persons requesting constitutional protection on the other. In doing so The matter will also be incorporated into the framework of EU law and the case law of the European Court of Human Rights and the Court of Justice of the EU, whose interpretations of EU law provide a framework for the functioning of the executive branch with the force of fundamental constitutional principles.

Literature and sources
1. Androjna, Kerševan: Upravno procesno pravo: upravni postopek in upravni spor, GV Založba, Ljubljana 2006.
2. Avbelj (ur.): Komentar Ustave Republike Slovenije, del 1: človekove pravice in temeljne svoboščine, NU, EPF, Ljubljana 2019.
3. Avbelj (ur.): Komentar Ustave Republike Slovenije, del 2: Državna ureditev, NU, EPF, Ljubljana 2019.
4. ČEBULJ, Janez, KOVAČ, Polonca (avtor, urednik), HUDEJ, Nika, KERŠEVAN, Erik (avtor, urednik), KMECL, Andrej, KNEZ, Rajko, PIRNAT, Rajko, PODLIPNIK, Jernej, REMIC, Matjaž, SEVER, Tina, SITAR, Rada, ŽUBER, Bruna, KORITNIK, Boštjan (urednik). Komentar Zakona o splošnem upravnem postopku (ZUP), (Zbirka predpisov). Uradni list Republike Slovenije in Pravna fakulteta Univerze v Ljubljani, Ljubljana 2020 (1. in 2. del).
5. Jerovšek, Kovač: Upravni postopek in upravni spor, Fakulteta za upravo, Ljubljana 2016.
6. Sovdat: Ustavno procesno pravo, Zbirka Scripta, Pravna fakulteta v Ljubljani, Ljubljana 2015.
7. Matej Avbelj (ur.), Komentar Ustave RS, Nova univerza, 2019.
8. 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.
9. Jernej Letnar Černič, Slovenija na razpotju: geneza varstva človekovih pravic v slovenski družbi, Kranj: Nova univerza, Fakulteta za državne in evropske študije, cop. 2018.

Additional literature:
1. Avbelj: Vpliv prava EU na nacionalno načelo pravnomočnosti, Pravna praksa št. 30, 2011.
2. Čebulj: Sodelovanje javnosti in stranskih udeležencev v okoljevarstvenih postopkih. V: Dnevi slovenskih pravnikov, 12. do 14. oktober 2017, Portorož, (Podjetje in delo, ISSN 0353-6521, [letn.] 43, [št.] 6/7). Ljubljana: GV založba [i. e.] IUS SOFTWARE. 2017, 43, [št.] 6/7, str. 989-998.
3. Čebulj: O subsidiarnosti upravno sodnega varstva - primer načelnega mnenja komisije za preprečevanje korupcije. Dignitas : revija za človekove pravice, ISSN 1408-9653, 2017, [Št.] 75/76, str. 47-62.
5. Čebulj: Ustavnopravni vidiki sodelovanja oseb v upravnih postopkih. V: [XVII. dnevi javnega prava in javnega managementa : Portorož, 8. - 9. junij 2011].
6. Čebulj: Vezanost uprave na odločbe Ustavnega sodišča. V: [XVI. dnevi javnega prava in javnega managementa : Portorož, 2.-3. junij 2010], (Javna uprava, letn. 46, št. 1/2). Ljubljana: Inštitut za javno upravo pri Pravni fakulteti v Ljubljani, 2010, str. 79-92.
7. Čebulj: Ustavnosodno varstvo v upravnih zadevah. V: Dnevi slovenskih pravnikov 2009 od 15. do 17. oktobra, Portorož, (Podjetje in delo, Let. 35, št. 6/7). Ljubljana: GV Založba, 2009, str. 1293-1301.

Objectives of the course:
The objectives of the course are to contribute with in-depth knowledge of the subject area to the formation of an ethically aware and socially responsible legal expert who will be adequately trained at a higher competence level for innovative, independent and team work in all the most demanding legal professions. and professional exams in the field of law and legal-business, and a legal expert who will be able, based on the use of research and applied methods of in-depth legal advice in finding complex solutions in the field of administrative procedural law. At the same time, the course aims contribute to the development of critical thinking regarding the current and future regulation of law and the legal system in the subject area.

General competences provided by the course:

1. 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.
2. Initiative and independence in decision-making.
3. Deepening of knowledge in the field of substantive administrative law, the field of administrative procedure and the field of constitutional protection.
4. Specialized legal knowledge in the field of substantive and administrative procedural law, which supports the professional orientation of the student.
5. Broad analytical ability to know the processes related to the activity of the organization in the legal, organizational and other fields in the economic and public sector.
6. 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.
7. Ability to analyze the internal and external legal conditions of the organization, define achievable goals and develop a strategy for achieving them.
8. Ability to work independently and in teams, in professional and scientific research work.
9. Development and use of legal syllogism and argumentation, general communication skills, presentation of acquired knowledge inside and outside the organization and the international environment.
10. Ability to use different interpretive methods of interpreting legal texts.
11. Ability to do basic scientific research and find legal sources.
12. Ability to use solutions of various professional and scientific disciplines in planning the goals of the organization and introducing changes in the organization.

Subject-specific competencies provided by the subject

1. Ability to combine knowledge from different fields (interdisciplinarity);
2. Ability to place new information and interpretations in the context of the development of the profession;
3. Use of effective legal approaches in the public sector;
4. In-depth knowledge in the field of the chosen topic and its application in practice;
5. Knowledge of the use of analysis, synthesis and prediction of solutions and consequences of phenomena in intercultural communication and international business;
6. Ability to use knowledge of business ethics and culture in unpredictable situations of international operations, and especially the EU environment.

Expected study results or learning outcomes:

1. In-depth acquaintance of students with the concept and development of administrative procedural law and judicial control over the work of the administration and with their basic institutes.
2. Acquisition of in-depth knowledge of procedure management and decision-making in administrative procedure and administrative dispute.
3. Development of knowledge on administrative procedural law and judicial control in the context of an administrative dispute.
4. Gaining a critical understanding of administrative procedural law, judicial and constitutional protection.
5. Acquisition of the ability to critically assess and analyze and interpret events and orientations from administrative procedural law in the modern period.
6. Acquisition of the ability to critically assess and define the practice of administrative bodies, administrative courts and the Constitutional Court.
7. Ability to critically address the protection of human rights and fundamental freedoms in administrative procedural law.
8. Ability to critically assess, analyze and interpret events and policies related to aspects of administrative procedural law in the modern period.
9. Ability to use more complex methodological approaches in researching issues of administrative procedural law and constitutional court protection.

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.

Weight (in %)

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

References:
Prof. dr. Janez Čebulj is an associate professor of law. He is a former constitutional judge and President of the Constitutional Court of the Republic of Slovenia, before that he was also an advisor to the Government of the Republic of Slovenia in the field of environmental protection and public environmental protection services. Its narrower field of activity is focused on constitutional and administrative aspects of environmental protection procedures, protection of free economic initiative and competition, tax procedures and public services. He is an established expert in the field of constitutional judicial protection of the fundamental constitutional rights of legal persons and individuals. The Constitutional Court also refers to his scientific and professional contributions in these fields in its decisions, and at the invitation of the Constitutional Court he also participated in the constitutional review proceedings as an expert on constitutional issues. Research number: 08098.

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. Research number: 32577.