Law on General Administrative Procedure

The Law on General Administrative Procedure governs how a public body acts when deciding an administrative right, obligation or legal interest. It covers principles, the party’s position, evidence, decisions, delivery, remedies and enforcement. It does not itself establish eligibility for social assistance, a permit or another substantive entitlement; that question belongs to the relevant special legislation.

A party can seek participation, an opportunity to address relevant facts, access to the file and a reasoned decision with information about remedies. As a rule, the authority obtains necessary data from official records it can lawfully use. If a certificate already held by a public body is requested, check why and whether the deciding authority can obtain it itself. This does not mean an applicant never has to provide documents or explain facts absent from official records.

State clearly what you seek and the facts relied upon. Retain the submission receipt and case reference. After receiving a decision, examine its reasons, delivery and remedy instructions: an administrative appeal is different from an action before the Administrative Court. Availability and timing of appeals depend on the act and special rules. Remedies exist for failure to decide, but silence does not automatically approve every application.

Special laws may regulate particular procedural issues under statutory conditions while preserving fundamental party protection. Check the rules of the procedure concerned as well. For reopening completed proceedings, do not rely on an unchanged old description of the time limit: Constitutional Court decision IUz-253/2018 found Article 178 paragraph 3 unconstitutional.

The current citation is Official Gazette RS 18/2016, 95/2018, authentic interpretation, and 2/2023, Constitutional Court decision. General application began on 1 June 2017. The specific official Legal Information System text and Court decision provide the sources for checking current procedural rules.

Avangarda’s information overview; translations are editorial, not official legislation. Check the current official law for your situation and obtain qualified legal assistance where needed.

Helps you participate in proceedings and request a reasoned decision.

Parties, representatives and authorities dealing with administrative matters.

For an administrative application, file inspection, an appeal or administrative silence.