Area: Poslovni SOS
Competent authority: MJU, MK, MOP
EZU URL: .nan
Initiative ID: 606
Initiative accepted and completed: '2015-07-13'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-06-19'
Initiative published: '2015-06-19'
Initiative submitted: '2015-06-18'
Response from the competent authority: 'RESPONSE OF THE MINISTRY OF PUBLIC ADMINISTRATION:The
  letter of the economic operator in question in itself confirms that it is not the
  normative regulation of the handling of applications in administrative matters that
  is problematic, but its implementation. It is explicitly stated that the regional
  unit of the Institute for the Protection of Cultural Heritage in Maribor has so
  far accepted and processed 23 applications in electronic form, but incomprehensibly
  problems have arisen with the last one, when the Institute requires submission in
  physical form. The obligation to accept written applications in administrative matters
  is not in dispute. It is also the choice of the applicant, who must comply with
  the regulatory limits (see below), as to the method of submission, whether by physical
  or electronic means. However, the authority which has the technical capacity to
  accept applications in electronic form must accept and process them in accordance
  with the prescribed procedure. The applicant may send a written application by electronic
  means to the authority''s publicly published e-mail address, but it must be signed
  with a secure electronic signature (Article 63(1) of the CPR), be drawn up in accordance
  with the technological requirements (see Article 14 of the Regulation on the implementation
  of the Regulation on administrative operations) or otherwise be intelligible to
  the authority (Article 95 of the Regulation on administrative operations). The absence
  of a secure electronic signature or the technical impossibility for the authority
  to verify its validity cannot be a legitimate reason for refusal to accept an application.
  To the extent that the authority doubts the authenticity of the will of the applicant
  for the reasons mentioned above, it could request its confirmation (not the resubmission
  of all documents in physical form) by physical means. Therefore, the notification
  of the Institute that it will not accept written applications in electronic form
  due to Article 63 of the ZUP is contrary to the ZUP and the implementing regulations.Therefore,
  the case has already been subject to an inspection of the operations of the Institute
  for the Protection of Cultural Heritage in Maribor by the Inspectorate for the Public
  Sector.OPINION OF THE PUBLIC SECTOR INSPECTORATE OF THE REPUBLIC OF Maribor (IJS):
  It follows from the warning of the IJS, which was also forwarded to the Institute
  for the Protection of Cultural Heritage of the Republic of Slovenia, that when dealing
  with applications received by the authorities from their clients by e-mail, the
  authorities act in accordance with the opinion or position of the Ministry of Public
  Administration (MoPA).'
Text file: 606.txt
Title: Form of application
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=606
