Jelena Vučković

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Faculty of Law, University of Kragujevac

PERIODICS

ADMINISTRATIVE-COURT APPEAL AS THE PART OF CONSTITUTIONAL AND LEGAL TRADITIONS OF SERBIA AND DE LEGE FERENDA

The history of administrative dispute in the Serbian legal system is the history of the development of the constitutional political system from the second half of the 19th century until today. The institute of administrative dispute adapted to the forms of government and state organization, political ideologies, and social circumstances. The lack of two tiers of the administrative dispute, and the impossibility of using an appeal as a regular legal remedy to remove a violation of rights where it may have arisen, raises the question of the legislator's value orientation and his interpretation of the constitutional provision governing this issue. Does the quality of legal protection of human rights can be provided by extraordinary legal remedies, and whether the absence of an appeal against the judgment of the administrative court ensures the real quality of that protection? The institute of appeal against the decisions of the first instance administrative courts is of exceptional importance for several reasons: due to the correction of possible illegalities that occur in the work of the first instance administrative courts; protection of the rights and legal interests of the parties to the proceedings; creating a unified administrative court practice and implementing the European standards.

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