Execution in Administrative Matters: Challenges of the Slovenian Practice and Case Law

Administrative relations regulate conflicts between public and private interests. Crucial for the realisation of public interest is the realisation of the administrative act, particularly when proceedings are conducted ex officio with the purpose of protecting public interest. The study presents the main characteristics of execution as a special administrative proceeding in Slovenia when parties do not fulfil their obligation on voluntary basis and there is a need for forced realisation of legal relation. Theoretical findings are supported by recent administrative practice and case law, which is followed by a critical evaluation. The execution is in practice found as highly disputable in terms of interests' collision despite comprehensive and detailed provisions of Slovenian General Administrative Procedure Act. The outcomes of the analysis serve as basis to formulate the necessary guidelines for future implementation of public policies - to be more effective throughout the region where administrative relations are regulated following the Austrian-German model.