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.
Appeals in Special Adminisrtative Domains
This paper is preceded by another work on the administrative appeal in Serbian law, as prescribed by General Administrative Proceeding Act. It builds upon that by describing and analyzing the most often modifications made to the general regime of the administrative appeal in various policy areas. It furthermore depicts special administrative control mechanisms, different from the administrative appeal, that exist in the fields of public procurement, education and broadcasting. These two articles should conclude the normative analysis of the system of administrative appeal and its counterpart administrative recourses. Normative analysis should further allow empirical research of the efficiency thereof and enable drawing of conclusions on respective features of the appellate proceeding that provide the best results in protection of the legality and private and public interests.
Analysis: The Agenda 2007 Proposals: Evolution or Revolution?
On 10 February 2004 the Commission published its proposal for the financial perspective 2007-2013. A week later it adopted the third report on economic and social cohesion. These two documents form the basis of the so-called ‘Agenda 2007 reforms’. They will be the greatest challenge for the enlarged EU after the intergovernmental conference, since they will determine the financial basis for EU policy-making until the middle of the next decade. The Agenda 2007 proposals certainly hint at courageous reforms, because they place a previously unheard-of emphasis on performance and quality. Under the proposals, structural operations should generate value for money, and the funds should focus on projects which generate added value at a European level. Overall the Commission’s proposals point in the right direction, because they balance, on the one hand, solidarity for the new Member States and weak regions in the old Member States with, on the other hand, investments in future tasks. Moreover, they constitute a paradigm shift. For the first time, the Common Agricultural Policy will not be the dominant expenditure category. Now it is up to the Member States to examine the proposals politically and find a compromise between sometimes very divergent interests. It is to be hoped that, during the debate over expenditure limits and division of funds, national interests do not outweigh European interests.