Dokazni predlogi v splošnem in posebnih upravnih postopkih

slovenian

2017

volume 43, issue 6/7

administrative procedure   anticipated assessment of evidence   application to take evidence   right to a fair procedure

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The present discussion shows that specific procedural rules derived from the nature of administrative proceedings have to be emphasised. In regard to the right of parties to these proceedings to present evidence, it shows that the official person in charge of administrative procedure has to be able to deny the applications to take evidence not only based on the reasons that are used in judicial procedures (because the evidence is irrelevant, unsuitable or unnecessary), but also based on the anticipated assessment of evidence. In the presented opinion, considering the specific characteristics of administrative decision-making, this does not violate the right of parties to a fair procedure. The application must be duly evaluated and the administrative body has to give reasons for the denial of refusal to take evidence in the procedure. Such a rule for the establishment of facts in administrative procedure also does not cause inequality of parties in their respective positions.

09.11.2017