Area: Okolje in prostor
Competent authority: MOP
EZU URL: .nan
Initiative ID: 944
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2019-04-15'
Initiative published: '2019-04-15'
Initiative submitted: '2019-04-12'
Response from the competent authority: Reply from the Ministry of Public AdministrationBefore
  we comment on the proposal to sanction civil servants in the Law on General Administrative
  Procedure in cases where a decision is not issued within the prescribed time limit,
  we would also like to inform you that, in the event that the parties to an administrative
  procedure have lodged an application with an administrative authority or another
  competent authority exercising an administrative function on which that authority
  should have taken a decision in the administrative procedure within the time limits
  laid down in Article 222 of the General Administrative Procedure Act, they have
  the possibility of lodging a legal remedy". This may be either an appeal against
  the failure to issue a decision on a party's request within the time limit, as already
  follows from Articles 13 and 222 of the ZUP, or a lawsuit, as follows from Article
  28 of the Administrative Disputes Act , depending on whether the decision-making
  procedure is a one-step or a two-step procedure and with which authority there is
  silence.The ZUP is a procedural regulation under which, among other things, administrative
  and other public authorities act when they decide in administrative matters on the
  rights, obligations and legal benefits of individuals, legal persons and other parties.
  The framework of this law already includes the content related to the supervision
  of its implementation and the implementation of specific administrative procedures,
  as well as the implementation of the law itself. Thus, pursuant to Article 307 of
  the ZUP, the Administrative Inspectorate supervises the implementation of the ZUP
  and other laws regulating administrative procedures. Pursuant to the provision of
  Article 307b of the ZUP, the Inspectorate may, by decision, order an official to
  undergo training in the conduct and decision-making in administrative proceedings
  again, if the inspection reveals breaches of the rules of administrative procedure
  resulting in a manifest disadvantage to the public interest, rights or legal benefits
  of the parties, or other repeated breaches of the rules of administrative procedure
  which have not been corrected within a specified period of time. In relation to
  these infringements, the administrative inspector may also propose, pursuant to
  the provisions of Article 307c of this Law, that disciplinary proceedings be initiated
  against the official. However, if, in the course of carrying out supervision, it
  is established that an act of an official or other person in a specific administrative
  case has the characteristics of a criminal offence for which the perpetrator is
  prosecuted ex officio, the administrative inspector shall, pursuant to the provision
  of Article 307d, report this to the competent authority or file a criminal charge.
  At the same time, pursuant to Article 320 of the Code of Administrative Offences,
  it is the head of a body who must ensure that the Code of Administrative Offences
  is correctly applied in the body or organisation, and in particular that administrative
  matters are dealt with within the prescribed time limits, and must ensure the professional
  development of the staff who decide on administrative matters.The legal basis for
  the initiation and conduct of disciplinary proceedings against civil servants is
  laid down in the Law on Civil Servants, which also prescribes disciplinary measures
  for misconduct. The provisions of the Civil Service Code on the disciplinary liability
  of civil servants remain fully applicable, with the exception of Article 124(2),
  (3) and (4) of that Act, pending the conclusion of a collective agreement at the
  level of the activity, which follows from Article 85(2) of the Civil Service Code,
  and Article 124(2) of the Civil Service Code, which provides for the disciplinary
  liability of civil servants. On the basis of all the above, we consider that there
  is no need to supplement the existing content of the Civil Servants Act with new
  content in the area of sanctions for civil servants.
Text file: 944.txt
Title: Changes to construction legislation in the light of the CPR and the responsibilities
  of the administrative officer
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=944
