The purpose of this article is to present the institution of administrative procedural law, the administrative settlement, regulated under Chapter 8 of the Administrative Procedure Code (APC). The conditions of admissibility of the settlement, the mode of its preparation, inspection and approval have been discussed. In context of the introduced classification of procedural facts, there have been made a detailed procedural analysis of procedural actions of the parties and administration authority in the procedure of conclusion, preparation and approval of the settlement. In relation to the views of doctrine and jurisprudence the author examines the normative construction of settlement in the APC. The view prevailing in the doctrine considers administrative settlement as an agreement concluded by the parties and approved by the administration authority (so-called binary construction of administrative settlement). Recognizing this view as erroneous the author shows that, from the procedural point of view, the settlement is constituted solely by the agreement concluded by the parties, prepared by the administration authority and signed by an authorized officer of the administration authority and by the parties. Defined in such way, the administrative settlement is a non-imperial legal form of action of administration- the actual action consisting of preparing the settlement and signing it by an authorized officer. Unapproved administrative settlement has the procedural effects such as the obligation of inspection and obligation to issue a resolution on its approval (refusal of approval). Approval (refusal of approval) of the administrative settlement, in the form of resolution, is a separate legal form of action of administration, the unilateral imperial declaration of will, the administrative act.
The article presents the current organization and the past and potential development of administrative procedural law - particularly the General Administrative Procedure Act - in Slovenia from its independence in 1991 till 2011. The author critically evaluates the regulation of general and special administrative procedures in Slovenia in light of the insufficient overcoming of traditional patterns. Namely the regulation in place overprotects the rights of parties and rather neglects the efficiency of administrative procedures as a whole. The evaluations are supported by the development of the theory of governance, radical changes in society and the need for a shift in the understanding of state / authority in the system in Slovenia and other countries (e.g. Finland, Croatia or the USA). The Slovenian system is firstly analyzed using the historical method and later on, it is assessed in terms of the efficiency of administrative procedures as regulated and run in administrative and judicial practice by means of a SWOT analysis. Additionally, particular emphasis is put on the comparative analysis of the Slovenian system to internationally recognized principles in administrative matters, deriving from the experience of the ECHR, the EU Ombudsman code and EU member states, and theory. The main finding is that in comparison, the standardization of parties’ rights far exceeds basic rights of defense as framed in constitutional terms which in several ways diminishes the overall efficiency of administration. The author therefore proposes the basis for a multilevel model of governing administrative relations de lege ferenda, intended to regulate in more detail the procedural status of the parties on one side and simultaneously the pursuit of public interest on the other. Based on the latest scientific findings, the criteria for differentiation include: relevance of the subject, degree of conflictuality of interests, need for rationality and efficiency of administration, and the position of the authoritative body. The objective is to move administrative procedural law from the margins of modernization of the public administration as found in the development of the Slovenian system in the last two decades and to make it its driving force, instead.
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