Area: Javna uprava
Competent authority: MJU
EZU URL: .nan
Initiative ID: 1066
Initiative accepted and completed: '2020-09-23'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2020-09-23'
Initiative published: '2020-09-23'
Initiative submitted: '2020-09-23'
Response from the competent authority: Reply from the Ministry of Public Administration:The
  Ministry of Public Administration is not in favour of making participation in administrative
  decision-making conditional on prior payment of an administrative fee. Participation
  in a procedure in which a person's legal position is being decided is a fundamental
  procedural right based on the Constitution of the Republic of Slovenia. Failure
  to pay the administrative fee obliges the authority to initiate a procedure for
  payment and, if necessary, its compulsory recovery, which is carried out in parallel
  with the decision on the administrative case. Therefore, restricting cooperation
  by payment of the administrative fee would probably be disproportionate. In the
  light of the circumstances described above, where the payment of the fee is linked
  to the failure of a person to attend an oral hearing and, consequently, to the length
  of the procedure, we consider that the length of the procedure in this case is in
  no way conditional on the payment of the administrative fee, but rather on the way
  in which the administrative procedure is conducted. While the circumstances of the
  failure to hold an oral hearing are not known, we would point out that an oral hearing
  could be held if the invitee has no legitimate reason for not attending. If the
  authority had not found that the reason was justified and that the participation
  of the person concerned was necessary to establish the facts of the case, it would
  not have postponed the oral hearing.
Text file: 1066.txt
Title: Fee liability for an appeal against the approval of a land purchase transaction
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1066
