Decision-making in administrative proceeding

Abstract

Administrative decision-making by official who conducting the administrative procedure may have a number of advantages over the decision-making by the senior official which manages by the administrative authority. However, to make  that such a novelty have positive effects, it is necessary, next to the amendments to the Law on Administrative Procedure, to create a number of legal and factual assumptions, on whom are based highly politicized and professionalised administrative systems today. In order to create the legal conditions for the introduction of innovations in administrative proceedings in the Republic of Serbia, it is necessary to appropriately modify, firstly certain provisions of the Law on Public Administration, as the basic systemic regulation in this area, and then the Law on Civil Servants, as the basic status regulation, so the civil servant career become less dependent on the will of officials who manage by the administrative authorities. Also, it is essential  to solve a number of other issues on a proper legal way, such as way of harmonizing administrative practice within the same administrative authority, a way of solving the appeals in the case of first instance decisions made by independent administrative authority, different rules for conflict of interest with the state officers who may be authorized officials in administrative proceedings, etc.