ADMINISTRATIVE DISPUTE OF FULL JURISDICTION IN BOSNIA AND HERZEGOVINA AND COUNTRIES OF THE SOUTHEAST EUROPE

Abstract

The paper describes an administrative dispute of full jurisdiction as a type of administrative dispute through which citizens exercise and secure their rights faster. We have analyzed this type of dispute from the perspective of existing legal solutions in this area in Bosnia and Herzegovina. In disputes of full jurisdiction, the court is obliged and authorized not only to examine the regularity and legality of the administrative act that is challenged by the lawsuit, but also to resolve the merits of the administrative matter by its judgment. In that case, the court acts simultaneously in cassation (annuls the illegal administrative act) and on the merits (passing a judgment that completely replaces the annulled administrative act). Using a comparative method, we analyzed the jurisdiction in resolving administrative disputes in Bosnia and Herzegovina and the countries of the SouthEast Europe region that were an integral part of the former Yugoslavia (Serbia, Croatia, Slovenia, Montenegro and Macedonia).