News

The Ministry of information society and administration published the brochure with the most frequently asked practical questions and answers regarding the implementation of the general administrative procedure act, which was prepared with the full support of the mission of SIGMA.

This publication was edited by the executive director of the Center for change management, Neda Maleska Sachmaroska and it was written by the lawyer and expert in constitutional law, Zharko Hadji – Zafirov and the state counselor in the MISA, Jugoslav Georgievski.

The publication presents the new stipulations which are part of the law for the general administrative procedure act from 2015, as well as its principles.

At the same time, with a number of possible case studies, the brochure demonstrates how will the articles of this law be implemented and what kind of consequences they will have.

The law incorporates a number of important new practices in the general administrative procedure act.

As the most important, we can mention the reducing of the number of the special administrative procedures, the incorporation of a wider concept for administrative actions and the implementation of more efficient, simpler and faster administrative procedures.

At the same time, the general administrative procedure act also establishes the legal conditions for development and implementing the IT communication between the public administration and the citizens, as well as the main procedural aspects of the access to the single point of contact, i.e the single-window system for public administration.

The law also stipulates that the administrative organ will have to inform the parties for their rights and commitments, as it includes the right to get council and information.

The stipulation for examination of the facts as part of the official duty underlines that the party in the administrative procedure doesn’t have a task to submit documents or gather information, which are kept in the official record and registry.

The new general administrative procedure act will enable better delegation of the authority to make decisions in a certain administrative organ, which will help in overcoming one of the main problems of the administrative practice in Macedonia, when almost all of the decisions are being made at the highest level of the administrative organ ( minister, state secretary, director, etc).

The new general administrative procedure act promotes the access of the citizens to public services as well as the protection of the rights of the citizens in relation with the service giver.

This law also contains stipulations that limit the authority of the administrative organs to make decisions freely, as it legally limits the discretionary decision making.