Challenges of Alternative Dispute Resolution in Administrative Relations in a Slovenian and Wider Context (Izzivi alternativnega reševanja sporov v upravnih razmerjih v Sloveniji in širše)

Abstract

Considering that in administrative relations, particularly in individual administrative matters, administrative bodies strictly adhere to the law and primarily protect the public interest, alternative dispute resolution (ADR) is yet being gradually introduced into the relevant legal system and practice. Yet, despite the limitations relating to its application in administrative relations, certain forms of ADR indeed bring advantages, such as faster and more efficient procedures, increasing satisfaction of participants and faster adoption of decisions (even if unfavourable), less burdens for appellate and sanctioning bodies and courts, a more creative role of the administration, etc. By examining the evolution of ADR in general, the recommendations of the Council of Europe and the EU, and selected foreign regulations, the paper analyses the specifics of administrative relations as regards the use of ADR. It takes into account the general regulation under the Administrative Procedure Act and the Administrative Disputes Act, as well as examples from sector-specific legislation and practice. On the basis thereof, it systematically discusses the limitations and the potential of ADR and the dogmatics of the forms de lege lata and de lege ferenda. The author concludes that in administrative relations, ADR should be understood otherwise than e.g. in litigation, but the benefits of such approach – provided that corrective mechanisms against malpractice are introduced in the existing administrative and judicial procedures – outweigh the existing formalisation. ADR is thus seen as an excellent tool for developing good administration.

Keywords

• administrative procedural law
• alternative dispute resolution
• administrative relation
• administrative procedure
• public interest
• Slovenia