I propose to amend and supplement the provisions of Articles 66 and 129 of the Law on General Administrative Procedure, concerning the mandatory annexes and their return in case of rejection of the application.
 
Proposal for amendment of the provisions of the Act on General Administrative Procedure (Official Gazette of the Republic of Slovenia No. 24/06, 105/06 - ZUS-1, 126/07, 65/08 and 8/10) - hereinafter referred to as the ZUPZ In order to reduce bureaucratic obstacles and to simplify the procedures, it would be necessary to supplement or amend certain provisions of the ZUPZ concerning applications and the duties of administrative authorities in cases where a party's application is rejected. There have been several cases where a party did not attach all the required supporting documents to an application and, as a result, its application was rejected. Subsequently, the evidence already submitted, together with the missing evidence, had to be re-submitted with the new application, since the ZUP does not provide that the annexes or evidence already submitted may be relied upon in such cases, nor does it provide, for example, that in such cases the authority is obliged to return the unused evidence to the party after the decision has become final, or to take it into account in the new procedure. This is particularly the case when project documentation is involved, which entails relatively high costs, and the administrative authority, by not returning such evidence, only fills up the archive documentation and incurs costs for the State.In order to eliminate the above-mentioned bureaucratic obstacles, we propose the following amendments to the provisions of the ZUP:Current provision of Article 66(2) of the ZUP:The application must also contain other elements provided for by law or other regulation.Article 66(2)(a) of the ZUP.Proposal for amendment:Add a second sentence to read:" If the application relates to the same subject matter as the previously rejected application, it is not necessary to attach to the application the elements required by law or regulation, provided that these elements were already attached to the rejected application.'The same content could also be used in a new paragraph, which would read: 'Notwithstanding the provisions of the preceding paragraph, in cases where the application relates to the same administrative matter as that of a previously rejected application, it shall not be necessary to attach to the application the elements required by law or regulation, provided that those elements have already been attached to the rejected application'. Article 129 of the ZUP should be supplemented by adding a new paragraph 4, which would read as follows: 'After the decision referred to in the preceding paragraph has become final, the authority shall return to the party the elements which it has attached to the application if it does not submit a new application within 30 days'.