VANREDNA PRAVNA SREDSTVA U ZAKONU O OPŠTEM UPRAVNOM POSTUPKU

Abstract

Extraordinary legal remedies are legal remedies that are used against administrative acts, that can no longer be challenged in the regular procedure, i.e. against final, legally binding or enforceable administrative acts. As with regular legal remedies, the grounds for using extraordinary legal remedies are in principle the same, but they are narrower in scope. Extraordinary legal remedies can be used only if a certain administrative act contains an error in terms of legality, but not in terms of expediency, which means that an error in the exercise of discretionary assessment cannot be controlled by the use of extraordinary legal remedies. The reason for using a certain extraordinary legal remedy cannot be any violation of the law, but only serious violations, which are listed in the Law on General Administrative Procedure. Extraordinary legal remedies differ from regular ones (as indicated in the paper) in terms of their deadlines, which are significantly longer, and sometimes unlimited. There are also differences in the range of entities that can use them. Namely, depending on the means, some entities are excluded from using extraordinary legal remedies, and these means do not have a suspensive effect. The law also regulates the consequences after the successful use of certain extraordinary legal remedies (sometimes it is annulment, sometimes only abolition, and sometimes amendment). The author indicates in the paper that in the case of extraordinary legal remedies, priority is given to the protection of legality and the protection of the rights and legal interests of citizens and organizations in relation to immutability and legal certainty. The Law on General Administrative Procedure provides for a smaller number of extraordinary legal remedies compared to the previous law, and there are now five of them, namely: changing and annulling a decision in an administrative dispute, repeating the procedure, annulling a final decision, revoking a decision and annulling, annulling or changing a legally binding decision upon the recommendation of the Ombudsman.