Postponement of execution of the administrative act in administrative

  • Zoran Lončar

Abstract


The newly established legal regime postponement of execution administrative acts in an administrative dispute, contains a number of elements that significantly contribute  to raising quality of the legal position of parties in administrative matters.  One of  the most  important innovation is the establishment of an administrative court jurisdiction to decide on the request of the Prosecutor for a stay of execution of an administrative act challenged in administrative proceedings, particularly against administrative acts which appealed  the appellate administrative body that has no suspensive effect.  Regardless of some defects that can be seen in the legal regime of postponement of the execution of administrative decisions in administrative proceedings, which are related mainly to the lack of a legal remedy against a court decision on the request for stay of execution of administrative acts and the inability to use temporary measures in the administrative proceedings, with a lot of basis, however, it could be concluded that the new Law on Administrative Disputes created more than a solid legal basis for further promotion of legal security of the parties in administrative matters.

Published
2012/12/10
Section
Original Scientific Paper