ABSTRACT

History has shown a continuous development of different administrative procedural regulations valid in the territory of Slovenia already in States preceding its independence in 1991. The approach to legal remedies in the Slovenian legal system is derived from this tradition and was – and remains – ambiguous, since the effectiveness of legal remedies was not aimed solely at ensuring the protection of individuals’ rights and legitimate interests but also at ensuring a very strong intra-administrative control with the aim of protecting public interest. Interesting legal debates have found ground in the combination of this constitutional right with another, also enshrined in the Constitution as one of the most important guarantees of the rule of law: the right to judicial protection. The combination of the right to an effective legal remedy and the right to judicial protection – and its possible limits in administrative matters – have been a challenge for both the parliament and the Constitutional Court.