Administrative procedures

Jovičić, Katarina (2018) Administrative procedures. In: Integrity and Good Governance in the Western Balkans. ReSPA, Danilovgrad, pp. 249-301. ISBN 978-9940-37-028-2

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Abstract

In this chapter author consider the important of the administrative procedure for the suppression of corruption: First of all, administrative procedure ensures legal certainty; ddecisively affected the procedural economy and efficiency of procedure; facilitate education and specialization of public servants; enable efficient control of the work of the public administration. Then the focus is on the main problems of administrative procedures that affect integrity, as follows: Excessive number of special rules for separate administrative procedures in specific administrative matters; Administrative procedure Acts lack clear and precise criteria that the official can use when exercising it discretion; The decision-making is centralised, and formally vested with the manager (individual or collegiate body; Administrative procedure does not provide for adequate protection mechanisms for official information; Inadequate deadlines for performing procedural actions; Provisions governing the "silence of the administration" are inadequate; The rules governing recusal of civil servants from proceedings are not sufficiently precise. In the last part of this work International Standards and Key Issues in Implementation are analized: The principle of legality; The principle of proportionality; The principle of accountability; The principle of transparency; The principle of effectiveness and of procedural economy; The principle of impartiality.

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