RAZVOJ SUDSKE KONTROLE UPRAVE SA OSVRTOM NA REPUBLIKU SRBIJU

Abstract

Judicial control of the administration is a form of legal control by which the final assessment of the legality of the performance of administrative activity is entrusted to a special independent and autonomous state body. Historically, administrative control (especially judicial control) arises at a certain stage of the development of society and the state, at the moment when society's awareness of human and civil rights begins to shape social relations and the organization of government in modern European states. In this sense, on the soil of Europe, the French Revolution represents a turning point towards legal institutionalization and the establishment of what today we call modern administration and its different attitude towards individuals. The performance of administrative activities is subject to legal norms, and coercion as the basic method of administration is being reexamined, partly because of the development of human and political rights of citizens, partly because of the expansion of its tasks and tasks, i.e. changed roles of administration in society (public services). By subjecting the administration to legal regulation, the prerequisites for controlling the administration based on legal standards (regulations) are realized, and the establishment of a special state body (council, court, tribunal, commission, etc.) is becoming a trend that appears in an increasing number of countries. In the 19th century, Serbia was one of the first states in Europe to establish the State Council - a body with various responsibilities and the forerunner of the domestic administrative judiciary. The exercise of judicial control of the administration (administrative dispute) is a topic that causes significant attention of domestic legal thought, especially today in the context of the announced new reform of the administrative judiciary - administrative dispute and the introduction of two-tier system. The announced change, however, is not the only attempt to reform the administrative judiciary, but it was also done by adopting new administrative procedural regulations and establishing the Administrative Court as a court of special jurisdiction that examines the legality of administrative acts in a special procedure. A little more than ten years of operation of this court was enough to point out certain weaknesses of the current organization of judicial control of the administration, and to start a discussion about new changes related to the reorganization of the judiciary and the procedure before it (administrative court procedure). The subject of this work is the development of judicial control of administration at the level of Europe, but also in R. Serbia, i.e. its development, current organization and the need for reform of the administrative judiciary.