BASIC ADMINISTRATIVE LAW:
Basic Administrative Law
Chair of Administrative Law
Basic Administrative Law
Study: Social Policy - preparatory semester - 1. semester
Code: 70234
ECTS: 6.0
Course coordinators: prof. dr. sc. Marko Šikić
Lecturers: prof. dr. sc. Marko Šikić - Field exercises
Exam dates:
  • 22. 04. 2020.
  • 03. 06. 2020.
  • 17. 06. 2020.
  • 01. 07. 2020.
  • 02. 09. 2020.
  • 16. 09. 2020.
Exam registration: Studomat
Basic data
Basic Administrative Law Social Policy - preparatory semester - 1. semester
6.0 70234
Lecturer in charge Consultations Location
prof. dr. sc. Marko Šikić

Wdenesdays from 4PM-5:30PM

Ćirilometodska 4, room 25, I. kat
Lecturer Consultations Location
prof. dr. sc. Marko Šikić (Field exercises)

Wdenesdays from 4PM-5:30PM

Ćirilometodska 4, room 25, I. kat
Literature
Borković, Ivo; Upravno pravo; Narodne novine (2002)
Zakon o općem upravnom postupku;
Zakon o upravnim sporovima;
Zakon o hrvatskom državljanstvu;
Description
I. General issues of administrative law:
Concept of administration and its legal expression (classifying administration under law, legal norm and administrative law relations, subjective public rights, legal status, objective law situation, reflex of objective law). Legal determination of state administrative body (organ), its basic characteristics. Legal status of persons performing administrative activities (legal persons with public authority, concessionary public service).Sources of administrative law (particularly: legal regime of by-laws, legal nature of internal administrative acts). Principle of constitutionality of administration (equal treatment and prohibition of discrimination, legal security, proportionality, judicial protection). Principle of legality of administration (connection with the Constitution, laws, treaties, by-laws and judicature of the Constitutional Court, national regular and specialised courts and international courts). Discretionary (free) evaluation. Modifications of the principle of legality in exceptional circumstances. Legal relations between administrative and judicial power. Control of the work of administration.

II. Basic relations between administration and natural and legal persons: Legal status of natural and legal persons in relation to administration. The right of citizen to access administrative data. Functioning of administration in specific issues of personal status of citizens: Croatian citizenship, personal name, domicile and residence, identity of the person and personal documents (identity card, passport). Legal status of foreigners in relation to administration. Forms of co-operation of administration with natural and legal persons. Responsibility of the state, local self-government units and other bodies of public administration and their employees for damage incurred to natural and legal persons in performing authoritative actions.

III. Forms of administrative functioning: General and individual, abstract and concrete administrative acts. Legal forms of planning (economic, spatial, building and similar). Inactivity of administration as a form of functioning. Administrative by-law: concept, types, legal effects, additions, finality, validity, enforceability. Differences between administrative by-law and other administrative acts. Forms of invalidity of administrative acts (void and voidable). Other individual by-laws (attestations, certificates etc.), acts of registering, verifying, informing, interpreting and references. Material acts.

IV. Administrative procedures: Relation between general and special administrative procedures. General and special administrative procedures in the area of social welfare. Legal regulation of administrative procedure. Principles of administrative procedure. Competence (real and territorial, collegiate and executive bodies, persons conducting proceedings). Argumentation and evidence. Costs of procedure. Decisions in procedures (ruling and conclusion), Legal remedies. Enforcement of administrative decisions (enforcement documentation, types of enforcement, competence, instituting and conducting administrative enforcement procedure, legal remedies).

V. Judicial control of administrative authority: Constitutional basis of judicial control of administrative authority in Croatia. Administrative disputes in national law (types, object, jurisdiction, parties to procedure, course of procedure, decision, legal remedies: judicial and extra-judicial, binding court decisions). Special protection of natural and legal persons (violation of constitutional rights through by-laws and activities of the administration, protection of data etc.). Constitutional court protection of natural and legal persons injured by administrative activities. A brief outline of the control of the work of administration in judicial procedures.
Exam dates
22. 04. 2020.
03. 06. 2020.
17. 06. 2020.
01. 07. 2020.
02. 09. 2020.
16. 09. 2020.
Detailed data
Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- name administrative law sources;

- indicate basic principles of administrative procedure and administrative dispute;

- define basic institutes of administrative law;

- recall principles for performing public services and principles for the operation of institutions.

Application

After successfully completing the course, students will be able to:

- distribute phases in making admnistrative acts;

- outline origin of some institutes of administrative law (f.e. development of institute of liability for damage caused by public bodies to the citizens of the Republic of Croatia, citizenship)

- manage administrative law sources;

- illustrate connection between the principle of legality and making of legitimate administrative act.

Analysis

After successfully completing the course, students will be able to:

- distinguish between individual exponents and their powers;

- analyse individual parts of administrative act and examine which is the most important one and whx

- compare complaince of procedural laws with the General Administrative Procedure Act (especiall Social Welfare Act)

- examine the importance of properly applied norm to a concrete factual situation in an individual case with social characteristcis.

Synthesis

After successfully completing the course, students will be able to:

- prepare a draft of administrative act

-create manners for the most successful resolution of a concrete case;

- formulate a n appeal against administative act that violates the principle of legality

- propose possible improvements of the Social WElfare Act

Evaluation

After successfully completing the course, students will be able to:

- assess the role of public bodies in decis+ding about social matters;

- estimate the role of administrative courts in creation of good practices

- evaluate the relation between Social Welfare Act and General Administrative Procedure Act:

- conclude about the importance of the institutes of administrative law in deciding in social matters.

Practical and Generic Skills:

After successfully mastering the course, students will be able to:

- present acquired learning outcomes orally and in writing;

- present their attitudes about issues from basic administrative law;

- develop skills of writing an administrative act;

- participate in an interview with administrative procedure parties.

Matching Assessments to Learning Outcomes:

- for all learning outcomes a written examination which consists of six questions of essay type and an oral examination

- especially for learning outcomes related to application, analysis, synthesis - practical work in which administrative acts and petitions are prepared