Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2015)
The role of the lawyer in the administrative proceedings; case study in the field of full jurisdiction
Abstract
The role of the lawyer in the administrative proceedings: (1) Initiate the procedure and must then have a critical role vis-à-vis his client: it must not be satisfied with what the client brings; lawyer's activism in research documents and testimonies; (2) Following the procedure; certainly, it is inquisitorial but as precisely it is not the master, it must ensure to meet deadlines and requirements that are imposed by the court; (3) Lawyer has a role in the trial hearing and must be able to respond briefly but effectively to the public rapporteur. (4) Lawyer has a role after the delivery of the decision: explanatory role vis-à-vis the client; role in the event of spontaneous failure by the administration; decisive role whether it is appropriate to appeal. The specific role of Council's lawyers: (1) description of the particular Order; (2) consulting role; (3) the role of explanation of a cassation control particularities; (4) the role of text analysis against decisions of the State Council; (5) the role of explanation to the State Council of the expectations of litigants (example on the issue of pre-admission procedure of appeals).
