85 KB222 KB81 KB200320122006Rakar, Iztokštevilka:2/3letnik:4str. 113-141ISSN:1581-7555COBISSID:2603950URN:URN:NBN:SI:doc-0W77YMZPslFakulteta za upravoUprava (Ljubljana)Administrative procedureupravni postopekupravno pravoustavno pravozaslišanjeČlovekovo dostojanstvo kot ustavnopravni temelj načela zaslišanja stranke v upravnem postopku|The aim of administrative procedures is to resolve the conflicts between individual and public interests which an administrative body has to settle by means of a decision. The decision-making process in administrative procedures is usually concluded with the issuing of a decision as a unilateral authoritative legal act issued by the administrative body as the superior entity within the framework of exercising its authority function without negotiating with the party. We are therefore dealing with a classic example of an authoritative relationship between an individual and the state which needs to be placed within the constitutional framework in modern democratic countries. This means that such a relationship is not authoritative in the sense of arbitrariness, an ignorant relationship of the state towards individuals. While it is true that the final decision is adopted by a state body independently and that it is not possible to talk about the equal status of the two parties at this stage, this is only one of the phases of the procedure, governed by law, of one of the forms of state operation. The administrative procedure as a whole needs to be organised in such a way that it ensures the respect for fundamental constitutional values which relate to the relationship between the state and the individual; one of these is unequivocally human dignityTEXTznanstveno časopisjejournalsSlovenian National E-content AggregatorNational and University Library of SloveniaUniverza v Ljubljani, Fakulteta za upravo