ODLUČIVANJE U JAVNOJ UPRAVI / DECISION-MAKING IN PUBLIC ADMINISTRATION

Abstract

In the paper, the authors are considering a broader framework of the decision-making in Public Administration, examining decision-making process, i.e. the process of making decisions in the administrative procedure. Generally, decision-making is the process and act of choice between several possible alternatives in certain situation. It is of particular importance in the administrative procedure, considering that the public and also legal interests of citizens are simultaneously protected in this procedure. Administrative bodies decide on the rights, obligations and legal interests of natural and legal persons in the administrative procedure. When making a decision in an administrative procedure, the administrative authority determines, within its jurisdiction, whether the interests of the parties are in accordance with the regulations, that is, the public interest, and thus resolves a certain administrative matter. The decision-making process in the administrative procedure is legally standardized and as such implies the application of the rules of formal logic. The legal syllogism represents a model of the decision-making process, but its use does not necessarily mean that the result of the conclusions of different individuals, which also depends on personal characteristics, knowledge and experiences, will be the same, and that the same conclusions will be reached. Particular actions in the administrative procedure are performed and decisions are made by authorized officials, either as individuals (the head of the administrative body or an authorized official in the administrative body) or as collegial bodies. However, as specific decisions in the administrative procedure are made by individual persons, there is a possibility of different understanding and connection of legal norms or their application to a specific factual situation.