On the need to harmonize the Serbian Administrative Procedure with the EU law
At the beginning of 2014, the Republic of Serbia has become a candidate for membership in the European Union. As such, it is in the process of harmonizing its legal system with the EU legislation. On the one hand, Serbia will have to make some new regulations which are currently missing. On the othe...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Niš
2014-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468083M.pdf |
| _version_ | 1818622160602660864 |
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| author | Milkov Dragan |
| author_facet | Milkov Dragan |
| author_sort | Milkov Dragan |
| collection | DOAJ |
| description | At the beginning of 2014, the Republic of Serbia has become a candidate for membership in the European Union. As such, it is in the process of harmonizing its legal system with the EU legislation. On the one hand, Serbia will have to make some new regulations which are currently missing. On the other hand, along with the adoption of the new (missing) regulations, Serbia will have to amend or supplement some of the existing regulations, in order to make them comply with the EU law. In this context, we may observe the need to harmonize the Serbian administrative procedure with the EU legislation. The key issue is to which extent the process of harmonizing the Serbian regulations with the EU law extends to the basic administrative procedure regulations governing the work of public administration and public services in deciding on particular cases. Does the General Administrative Procedure Act diverge from the EU law and does it have to be harmonized with the EU law? EU member states are not obliged to harmonize their administrative procedure legislations with EU regulations as the applicable principle in this respect is the principle of procedural autonomy of each Member State. Moreover, there are member states that do not have a codified administrative procedure. On the other hand, there are significant differences among the EU member states which have codified their administrative procedures. Some countries have regulated only general procedural issues, while other countries have enacted detailed administrative procedure acts. Serbia has had the General Administrative Procedure Act since 1930 (as a member of the former Yugoslavia) and this legislative act falls into the category of high-quality procedural laws. All the principles established by the European Court of Justice are already built into the current Serbian General Administrative Procedure Act. Therefore, Serbia has a legislative act which is by no means inferior to those enacted in many EU member states; moreover, the quality of some administrative procedure solutions may be said to be superior to the legal solutions enacted in many EU member states. Therefore, we may conclude that the existing General Administrative Procedure Act of the Republic of Serbia is not an obstacle on the road to the European Union. |
| first_indexed | 2024-12-16T18:20:45Z |
| format | Article |
| id | doaj.art-859e87e6dfb94abfa054fa454b1cb30d |
| institution | Directory Open Access Journal |
| issn | 0350-8501 2560-3116 |
| language | English |
| last_indexed | 2024-12-16T18:20:45Z |
| publishDate | 2014-01-01 |
| publisher | Faculty of Law, Niš |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Nišu |
| spelling | doaj.art-859e87e6dfb94abfa054fa454b1cb30d2022-12-21T22:21:34ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162014-01-01201468839610.5937/zrpfni1468083M0350-85011468083MOn the need to harmonize the Serbian Administrative Procedure with the EU lawMilkov Dragan0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaAt the beginning of 2014, the Republic of Serbia has become a candidate for membership in the European Union. As such, it is in the process of harmonizing its legal system with the EU legislation. On the one hand, Serbia will have to make some new regulations which are currently missing. On the other hand, along with the adoption of the new (missing) regulations, Serbia will have to amend or supplement some of the existing regulations, in order to make them comply with the EU law. In this context, we may observe the need to harmonize the Serbian administrative procedure with the EU legislation. The key issue is to which extent the process of harmonizing the Serbian regulations with the EU law extends to the basic administrative procedure regulations governing the work of public administration and public services in deciding on particular cases. Does the General Administrative Procedure Act diverge from the EU law and does it have to be harmonized with the EU law? EU member states are not obliged to harmonize their administrative procedure legislations with EU regulations as the applicable principle in this respect is the principle of procedural autonomy of each Member State. Moreover, there are member states that do not have a codified administrative procedure. On the other hand, there are significant differences among the EU member states which have codified their administrative procedures. Some countries have regulated only general procedural issues, while other countries have enacted detailed administrative procedure acts. Serbia has had the General Administrative Procedure Act since 1930 (as a member of the former Yugoslavia) and this legislative act falls into the category of high-quality procedural laws. All the principles established by the European Court of Justice are already built into the current Serbian General Administrative Procedure Act. Therefore, Serbia has a legislative act which is by no means inferior to those enacted in many EU member states; moreover, the quality of some administrative procedure solutions may be said to be superior to the legal solutions enacted in many EU member states. Therefore, we may conclude that the existing General Administrative Procedure Act of the Republic of Serbia is not an obstacle on the road to the European Union.http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468083M.pdfAdministrative ProcedureEU LawHarmonization |
| spellingShingle | Milkov Dragan On the need to harmonize the Serbian Administrative Procedure with the EU law Zbornik Radova Pravnog Fakulteta u Nišu Administrative Procedure EU Law Harmonization |
| title | On the need to harmonize the Serbian Administrative Procedure with the EU law |
| title_full | On the need to harmonize the Serbian Administrative Procedure with the EU law |
| title_fullStr | On the need to harmonize the Serbian Administrative Procedure with the EU law |
| title_full_unstemmed | On the need to harmonize the Serbian Administrative Procedure with the EU law |
| title_short | On the need to harmonize the Serbian Administrative Procedure with the EU law |
| title_sort | on the need to harmonize the serbian administrative procedure with the eu law |
| topic | Administrative Procedure EU Law Harmonization |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468083M.pdf |
| work_keys_str_mv | AT milkovdragan ontheneedtoharmonizetheserbianadministrativeprocedurewiththeeulaw |