Administrative Appeal in Serbian Law
This paper addresses the issues of concept, features and place of the administrative appeal in Serbian administrative law. Special attention is given to the relation between administrative appeal and judicial review of administrative acts. The paper is part of a wider analysis regarding the effectiveness of administrative appeals in the framework of administrative justice on European level, put forward at the EGPA Conference in Toulouse in 2010. The paper is limited to scrutiny of normative aspects of administrative appeal, with the intention to be followed by an empirical research on its effectiveness.
Between a Rock and a Hard Place: The Ombudsman Between Administrative and Judicial Appeal Procedures
In recent years a lot of attention has been paid to enhancing and strengthening the role of the Ombudsman in complaints procedures; an equal (or larger) amount of attention has been given to lowering the threshold of formal – administrative or judicial – appeal procedures or to simply creating more and broader legal protection mechanisms. From a legal point of view a strict distinction has always been made between the complaint of a citizen against ‘unfair’ treatment by the government and the appeal lodged by the citizen against an ‘illegal’ administrative decision. In this context it’s surprisingly easy to think of ‘complaints’ and ‘appeals’ as ‘black’ and ‘white’ categories thereby leaping over the grey area in-between. But it’s exactly this grey area which is of particular interest not only to the citizen – who very often finds such legal distinctions incomprehensible – but also to the legal community – whose primary interest should be fair adjudication. This paper has a dual focus: on the one hand we wish to study effective adjudication in administrative proceedings, on the other hand we want to examine the position of the Ombudsman visa- vis these administrative proceedings. Problems as described above are common to most countries that have well-developed (or over-developed) legal protection mechanisms. Complaints and appeal procedures are not – contrary to popular belief – parallel tracks but rather are separate tracks of legal protection which can and do intersect at some points in time.
United Nations Convention on the Law of the Sea 1982, A Commentary
Volume VI is the sixth substantive volume to be published in the series. It deals with the work of the First Committee at the Third UN Conference on the Law of the Sea, namely the international seabed area. The volume thus embraces the deep seabed mining regime set out in Part XI of the 1982 Convention on the Law of the Sea together with the 1994 Agreement on its implementation. Completion of this commentary was delayed first by the consultations and negotiations that commenced in 1990 and led to the 1994 Agreement and the entry into force of the Convention. It was further delayed until the Assembly of the International Seabed Authority approved the detailed mining regulations in 2000. Additional supplementary material can be found at UNCLOS 1982 Commentary: Supplementary Documents.