Methods of Consistent Application of the Law on General Administrative Procedure in Conditions of Inconformity of Substantive Laws

Abstract

The legal framework for the actions of public authorities in the Republic of North Macedonia is made up of the Law on General Administrative Procedures (LGAP) and a large number of special (substantive) laws regulating procedural issues in special administrative procedures. With the adoption of the LGAP of 2015, the rules of general administrative procedures were significantly remodeled so that they provide a better basis for protection of the rights of citizens and business entities in the administrative procedures. According to the findings in SIGMA’s 2021 Monitoring Report on the Republic of North Macedonia, the general legal framework (LGAP) is well aligned with the principles of good administration, but the alignment of specific (substantive) laws is slow and incomplete. The LGAP was adopted in 2015, and its application started in 2016. The legislator prescribed a delayed effect on the application of the LGAP for a whole year, in order to harmonize the special (substantive) laws with this general code of rules for the administrative procedure. Yet, this has not been done up to date. The application of the new provisions of the LGAP, especially those that provide for broader protection of citizens and legal entities and increased efficiency of the public authorities, is jeopardized. Thus, this article shall focus on the problem of non-application of the new provisions of the LGAP, especially due to the inconsistency of substantive laws with the LGAP, but also for other reasons. Suggestions on how to strengthen the implementation of the LGAP shall be offered. A vital role will be played by the administrative judiciary, which is corrective to the administration, but also the process of digitalization of the administration.