ADMINISTRATIVE PROCEDURAL LAW:
Administrative Procedural Law
Chair of Administrative Law
Administrative Procedural Law
Study: Administrative-Economic - 5. semester
Administrative-Legal - 5. semester
International-Administrative - 5. semester
Organisational-Managerial - 5. semester
Code: 111407
ECTS: 7.0
Course coordinators: prof. dr. sc. Jasna Omejec
prof. dr. sc. Marko Šikić
izv. prof. dr. sc. Lana Ofak
izv. prof. dr. sc. Frane Staničić
doc. dr. sc. Mateja Held
doc. dr. sc. Marko Turudić
Exam dates:
  • 27. 01. 2020.
  • 10. 02. 2020.
  • 20. 04. 2020.
  • 01. 06. 2020.
  • 15. 06. 2020.
  • 29. 06. 2020.
  • 31. 08. 2020.
  • 14. 09. 2020.
Exam registration: Studomat
Basic data
Administrative Procedural Law Administrative-Economic - 5. semester
Administrative-Legal - 5. semester
International-Administrative - 5. semester
Organisational-Managerial - 5. semester
7.0 111407
Lecturer in charge Consultations Location
prof. dr. sc. Jasna Omejec

Tuesday from 18:30 to 20:00

Ćirilometodska 4, room 10 / prizemno
prof. dr. sc. Marko Šikić

Wdenesdays from 4PM-5:30PM

Ćirilometodska 4, room 25, I. kat
izv. prof. dr. sc. Lana Ofak

Wednesdays from 10:30AM-12PM

Ćirilometodska 4, room 3/prizemno
izv. prof. dr. sc. Frane Staničić

Tuesdays from 10:30AM-12PM

Ćirilometodska 4, room 11/prizemno
doc. dr. sc. Mateja Held

Thuesdays from 12:30PM-14PM

Ćirilometodska 4, room 44/potkrovlje
doc. dr. sc. Marko Turudić

Wednesdays; 10AM-11:30AM

Ćirilometodska 4, room 40A/potkrovlje
Literature
Đerđa, Dario; Opći upravni postupak u Republici Hrvatskoj; Inženjerski biro (2010)
Đerđa, Dario i Šikić, Marko; Komentar Zakona o upravnim sporovima; Novi informator (2012)
Borković, Ivo; Upravno pravo; Narodne novine (2002), str. 399-402. i 483-496
Zakon o općem upravnom postupku;
Zakon o upravnim sporovima;
Prekršajni zakon; , str. čl. 81.-258
Description
General issues of process law (6h)
The definition of process. The development of process law. Types of processes: court proceedings (criminal proceedings, civil proceedings, extrajuducial proceedings, bankruptcy proceedings, distress proceedings, misdemeanour proceedings), administrative procedure, special proceedings (cannon, disciplinary, etc.). Codification of process law. General principles of contemporary process law.
Administrative procedure (8h)
Types of administrative procedure: general administrative procedure, special administrative procedures, procedures of administrative misdemeanours. The sources of administrative process law.
General administrative procedure (8h)
Interrelation between general and special administrative procedure. The principles of administrative procedure. The competence of administrative bodies and other public organisations. Parties and their representatives. Communication between the parties and administrative bodies. Opening and conduct of administrative procedure. Argumentation and evidence. Costs of procedure. Decisions in administrative procedure. Legal remedies: regular (appeals) and special (others). Implementation of administrative decisions: (implementation documents, types of implementation, competence, opening and conduct of administrative procedure, legal remedies).
Special administrative procedure (8h)
Types of the special administrative procedures - customs procedures, tax procedures, procedures related to health insurance and retirement funds, employment, social security, expropriation, etc.). Legal regulation of the special administrative procedures. Basic characteristics of the special administrative procedures.
The proceedings of administrative misdemeanour (8h)
The development of administrative-legal proceedings and penalisation (particularly in Croatia). The transformation of administrative criminal proceedings into misdemeanour proceedings. Misdemeanour proceedings in the contemporary Croatian legal system. The competence of administrative bodies in instituting misdemeanour proceedings in misdemeanour courts. The competences and conduct of administrative bodies in misdemeanour proceedings. The competence of administrative bodies in issuing misdemeanour writs. Legal remedies: regular (appeals and complaints) and special.
Administrative-court procedure (7h)
A comparative overview of the judicial review system over public administration. Administrative dispute in Croatia (types, subjects, competence, parties, opening and conduct of the procedure, decisions, legal remedies: regular and
Exam dates
27. 01. 2020.
10. 02. 2020.
20. 04. 2020.
01. 06. 2020.
15. 06. 2020.
29. 06. 2020.
31. 08. 2020.
14. 09. 2020.
Detailed data
Cognitive Skills:

Knowledge and understanding

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

- recognise the significance of administrative and administrative-court procedure for modern rules of law state;

- explain the relation between the principles of General Administrative Procedure Act and other legal regulations

- single out legal provisions which are necessary for quality resolution of administrative matters;

- describe the course of administrative and administrative-court procedure;

- group individual ordinary and extraordinary legal remedies in adminsitrative and court-administrative procedures;

- express their own opinions about individual legal provisions

 

 

Application

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

- interpret legal prvisions that regulate administrative and administrative-court procedure

- understand the significance of individual institutes for the regulation of the overall system of administrative procedure

- apply acquired knowledge on solving individual concrete cases

- compare provisions of General Administrative Procedure Act with the provisions of individual laws

 

 

Analysis

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

- categorise individual institutes of administrative and administrative-court procedure

- connect the principles of administrative and administrative-court procedure with individual legal regulations

- examine the applicability of individual legal regulations on solving real situations

- analyse individual legal provisions that regulate administrative procedure and administrative-court procedure

- compare the institutes of administrative and administrative-court procedure with the institutes of other branches of law

 

 

Synthesis

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

- come up with possible improvements of some procedural institutes

- propose possible improvements of individual legal provisions

- formulate the test of individual legal provisions

- distribute the institutes of administrative and administrative-court procedures in larger units;

- plan the future development of the institutes of administrative and court-administrative procedure

 

Evaluation

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

- reexamine the importance of individual institutes for the functioning of the Croatian administration

- compare procedural institutes in Croatian law with the institutes developed in some other legal systems;

- evaluate the quality of individual legal provisions;

- assess the possibility of application of existing legal solutions in legal practice.

Practical and Generic Skills:

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

- present acquired learning outcomes;

- clearly and precisely exprewss themselves explaining their standpoints;

- argument their opinions;

- develop the ability to solve concrete administrative matters through the application of appropriate norms of special legislation to concrete facts;

- counsel the client on procedural mattera.

Matching Assessments to Learning Outcomes:

For all learning outcomes a written examination which consists of six questions of essay type and oral examination.