Presoja dokaznih predlogov v upravnem sporu

slovenian

2023

volume 78, issue 11/12

administrative dispute   burden of proof   criteria for assessing the admissibility of proposed evidence   formal criteria   proposed evidence   right to evidence   substantive criteria

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

Administrative dispute is evolving towards a more proactive role for the administrative court in determining the relevant facts and legal basis of the case. Despite the possibility for the court to take evidence ex officio in administrative dispute, the bulk of the activity of taking evidence rests with the parties to the proceedings. It is for the court to assess the evidence presented and to decide on the admissibility of specific pieces of evidence. This article deals with the assessment of motions for evidence in administrative dispute. It first discusses the meaning and exercise of the right to evidence and the related distribution of the burden of proof in administrative dispute. It then focuses, from a theoretical and practical perspective, on the assessment of submitted evidence in administrative dispute, distinguishing between formal and substantive criteria for assessing the admissibility of submitted evidence. The article also analyses the use of evidence obtained in violation of human rights and freedoms, examines the assessment of evidence in the context of the decision to issue an interim injunction, and analyses the standards of reasoning applied in the dismissal of evidence.

12.11.2024