Miloš Prica, LL.D.*
CONCEPTUAL SHORTCOMINGS OF THE GENERAL ADMINISTRATIVE PROCEDURE ACT
Summary
In legal literature, the current General Administrative Procedure Act (2016) has been subjected to strong criticism by legal scholars. Reasoned and well-minded criticism has beneficial and remedial effects because it contributes to improving administrative legislation in particular and the legal system in general. Considering that Serbia has an almost century-old tradition of statutory regulation of administrative procedure, it is important to emphasize the continuity of content and the nomotechnics that were prominent features of legal texts of the former general administrative procedure acts before the adoption of the current General Administrative Procedure Act (GAPA, 2016). In addition to the express effort to preserve the subject matter content and style of legislation, the legal texts of the former general administrative procedure acts in Serbia were radiant exemplars of outstanding literacy, articulation and nomotechnical maturity. Any departure from such legal tradition is unreasonable because it undermines the national legal awareness and culture as well as legal certainty. If there are justified reasons, no one will dispute the need to repair and restore a building of historical and cultural significance in order to preserve it for posterity. Similarly, in terms of law, no one will question the need to consider introducing possible amendments and supplements to a legislative act if such activity is properly supported by reasoned justification. Just like objects of cultural significance, laws are part of the national culture and historical consciousness; thus, there is a natural and intrinsic urge to strive to preserve them. In the past almost century-old tradition of statutory regulation of administrative procedure until 2016, the General Administrative Procedure Act was nurtured and amended with the aim of preserving its validity and ensuring its effective implementation. The current General Administrative Procedure Act (2016) significantly differs in content and nomotechnics from its predecessors. Thus, the adoption of this legislative act may be equated with the act of demolishing a building of special significance for national heritage for the purpose of erecting a modern building in the same location. The subject matter of analysis in this paper are the conceptual shortcomings of the General Administrative Procedure Act (GAPA), with specific reference to the relationship between general and special laws, the subject matter of administrative procedure, and the scope of application of the GAPA (2016). Eliminating the conceptual shortcomings of the General Administrative Procedure Act is a conditio sine qua non for shaping the system of administrative procedure legislation of the Republic of Serbia.
Key words: General Administrative Procedure Act, subsidiary and corresponding application of legal rules, administrative matter, administrative-judicial matter, subject matter of administrative procedure, administrative activity.