Prepoved reformatio in peius v upravnem postopku in nekatera povezana vprašanja

slovenian

2023

volume 78, issue 3/4

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

The principle of the prohibition of reformatio in peius, a fundamental procedural principle, is applicable in administrative procedure, though not without limitations. Administrative procedure is distinct from other types of procedures, as it requires the administrative body to protect public interest. In some instances, safeguarding this interest necessitates amending the decision to the appellant’s disadvantage. From the perspective of theory and case law, the article analyses the principle of prohibition of reformatio in peius within the decision-making of bodies in administrative proceedings, examining the exceptions to this principle and exploring some other related issues. The first section outlines the content of the prohibition of reformatio in peius in general and the regulation of this institute in some comparative law regimes. The second section focuses on the analysis of the principle of prohibition of reformatio in peius in the Slovenian regulation of administrative procedure.

12.11.2024