Gradualism or Gradual Slowness of Changing the General Administrative Procedure Act (ZUP)
General Administrative Procedure Act (Zakon o splošnem upravnem postopku
– ZUP) is a key framework statute within Slovenia’s legal order. The Slovenian ZUP was adopted in 1999, and has so far been amended unevenly and
often only in a piecemeal manner. The amendments that have successfully
made it through the legislative process were often merely cosmetic (especially
the amendments ZUP-A, ZUP-D, ZUP-F and ZUP-G and mainly ZUP-C and
ZUP-E) and adopted mainly due to political expediency. ZUP-I as the Act on
Amendments and Supplements to the ZUP (Official Gazette of the Republic
of Slovenia, No. 85/25), published on 6 November 2025 and will enter into
force on 7 February 2026, was prepared in 2024 and adopted in the legislative
procedure in September 2025 and again in October 2025 due to the veto of
the National Council. The purpose of this amendment is multifaceted, with
the anti-bureaucratic dimension being emphasised, for example in simplifying
the service of documents. The authors believe that the Slovenian ZUP is too
conservative rather than progressive when compared to good foreign models.
They therefore see considerable potential for a more modern codification in
Slovenia, and they also believe that there are sufficient arguments for a systemic
overhaul of the Slovenian ZUP. In their opinion, it would be appropriate to create a completely new codification of general administrative procedure, which
would substantively cover most of the spirit of the current law, but would also
revise important principles and other rules, and also regulate newly emerging
dimensions, such as alternative dispute resolution and digitalisation, including
artificial intelligence and automated administrative decision-making.
Key words: ZUP, general administrative procedure, administrative decisionmaking, changes, bureaucracy, systemic reform, artificial intelligence, digitalisation.
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