UTJECAJI MNOŽINE VOLJA NA NASTANAK UPRAVNOG AKTA

Abstract

In this paper, the authors consider the issue of the influence of the will of two or more different entities in administrative decision-making and the emergence of an administrative act. Namely, administrative bodies and institutions with public au- thorizations directly apply the regulations when deciding on the rights, obligations and legal interests of natural persons, legal entities or other parties in administrative matters in administrative proceedings. These bodies are obliged to conduct admini- strative proceedings and make decisions independently, within the powers determi- ned by law and bylaws based on law.This procedure is led and authorized officials make decisions in a specific body. The authorized official of the body responsible for conducting the administrative procedure independently determines the facts and circumstances, and based on such established facts and circumstances applies the regulations to the specific case. As a rule, the administrative procedure is carried out and the decision is made by an individual, be it the head of the administrative body or another official who is specially authorized to do so. Rarely, administrative proceedings are conducted and administrative decisions are made by (1) two or more administrative bodies, or (2) several persons in one administrative body. In the first case, it is about the adoption of complex (collective) administrative acts, and in the second about the procedure of administrative decision-making of collegial bodies. In both cases, the result of the administrative procedure is one, single administra- tive act which is the product of decision-making of a larger number of subjects. It is a specific result of a multitude of wills (either different administrative bodies, or different authorized officials) that are translated into one, single act. Such a single administrative act represents the will of the administrative body, not the persons who passed it. The process of creating such an administrative act, in addition to the standard processes of logical reasoning, necessarily requires an additional phase of harmonization of individual understandings of the specific (legal) situation by members of the collegial body and the phase of adopting a joint administrative act.