THE PRINCIPLES OF ADMINISTRATIVE PROCEDURE FROM THE PERSPECTIVE OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Abstract

The administrative procedure implies a series of legal regulations that set down the mandatory manner of action of administrative bodies, other republic administrative bodies, administrative organizations, as well as companies, institutions and other organizations that exercise public powers when, in administrative matters, decide on the rights, obligations or legal interests of individuals, legal entities or other parties through the direct implementation of substantive regulations. If these legal regulations inherent in administrative procedures did not exist, there would certainly be inconsistency, arbitrariness and difference in the actions of state bodies and organizations, i.e. administrative bodies in identical legal matters, which would lead to the unruliness and collapse of “the state” as a guarantor of legal equality and the security of all its citizens and their associations in any form.

On the other hand, human rights and fundamental freedoms are the innate rights of all people on the planet: men and women, because they are human beings. Those are universal rights since they are granted to every human being in equal measure, without any discrimination, i.e. regardless of sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or any other status. Human rights are indivisible, because they are equally important and interdependent, but also inalienable, inseparable from the individual. Human rights are a condition for freedom, peace and justice in the world.

It is evident that the proper implementation of the principles of administrative procedure in each and every case leads to the fulfillment of human rights and fundamental freedoms, which is one of the most important achievements of modern society.