COURT DECISION ON MERITS IN AN ADMINISTRATIVE DISPUTE

Abstract

Bearing in mind the sui generis legal nature of the (court) decision by which the court, in case of prolonged (repeated) silence of the administrative body (the so-called silence of the administration in connection with the execution of the court verdict in the administrative dispute), decides on the merits of the res administrativa in the administrative dispute (a special subtype of full dispute jurisdiction), this paper aims to review what legal means can be used (again) in the event of the need to further challenge such a meritorious court decision, in the nature of an administrative act, and whether and how the courts act in such situations. In this paper, the author will use a comparative legal methodological approach, analyzing existing normative solutions in positive regulations that regulate the above-mentioned administrative-procedural situation in administrative disputes in Croatia, Serbia and Bosnia and Herzegovina (de lege lata). Also, after reviewing the existing normative solutions, if necessary, the author will propose several specific proposals for changing and/or supplementing the legal regulation (de lege ferenda) with the aim of removing identified doubts or ambiguities regarding the possibility of (further) challenging the merits of the court decision in an administrative dispute.