Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 68
Initiative accepted and completed: '2013-01-04'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-11-29'
Initiative published: '2012-11-29'
Initiative submitted: '2012-11-29'
Response from the competent authority: "Response from the Ministry of Justice and\
  \ Public Administration, Directorate for Administrative\r\nProcesses:\r\n The normative\
  \ requirements of the Law on General Administrative Procedure (cf. Article 129)\
  \ stipulate that the authorities shall deal with the substance of the parties' requests,\
  \ which are, inter alia, submitted in a timely manner. This means that they cannot\
  \ issue a decision (either favourable or unfavourable) if a party's request for\
  \ recognition of a right or legal advantage is filed too late, or if it is filed\
  \ too early, since in both cases the formal grounds for initiating the procedure\
  \ are not even met.\r\n The time-limit for lodging individual claims is determined\
  \ by the sectoral law on the basis of which the right or legal advantage claimed\
  \ by the party is recognised. Normally, the sectoral laws set a time limit by which\
  \ a particular application should be made, but less frequently a time limit is set\
  \ from which claims may be made. If the time limit is not respected, the authority\
  \ must reject the claim, but there are some specificities to note about the time\
  \ limits from which claims may be lodged. Rejection is lawful only if the authority\
  \ issues a rejection decision by the deadline by which claims would otherwise have\
  \ been allowed to be lodged. If the authority has delayed the rejection until the\
  \ deadline for lodging claims, the rejection is no longer lawful, notwithstanding\
  \ that the claims were lodged before the deadline. The decisive point is that, in\
  \ assessing the formal conditions, the authority must have regard to the legal and\
  \ factual situation at the time when the assessment is made. Despite the legal basis\
  \ for rejecting claims which may have been lodged shortly before the time-limit,\
  \ it is the practice of most authorities not to reject claims but to wait until\
  \ the time-limit has begun, thereby facilitating both their own action and that\
  \ of the party who otherwise has to lodge the same claim again. In our view, it\
  \ is unnecessary to regulate the procedure in a different way than is currently\
  \ the case; on the contrary, it would open up the same dilemmas as to why, for example,\
  \ applications should be rejected which are lodged only \"a few days\" before the\
  \ time-limit laid down for rejection by the General Administrative Procedure Act.\
  \ We consider that the current arrangements for dealing with applications are appropriate,\
  \ since such situations are not controversial, subject to the exercise of reasonable\
  \ discretion, which the law cannot prescribe in every case or for every official.\
  \ It should, of course, be added that the Authority cannot, however, deal in this\
  \ way with all claims which are lodged before the deadline; for example, a claim\
  \ lodged several months before the deadline is rightly rejected by the Authority,\
  \ since it cannot accumulate claims without dealing with them within the legal time\
  \ limit."
Text file: 68.txt
Title: Issuing of a decision by the authorities
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=68
