Prohibition of Reformatio in Peius in Administrative Procedure and Some Other Related Issues

The principle of the prohibition of reformatio in peius, a fundamental proce- dural principle, is applicable in administrative procedure, though not with- out limitations. Administrative procedure is distinct from other types of pro- cedures, as it requires the administrative body to protect public interest. In some instances, safeguarding this interest necessitates amending the decision to the appellant’s disadvantage. From the perspective of theory and case law, the article analyses the principle of prohibition of reformatio in peius within the decision-making of bodies in administrative proceedings, examining the exceptions to this principle and exploring some other related issues. The first section outlines the content of the prohibition of reformatio in peius in general and the regulation of this institute in some comparative law regimes. The sec- ond section focuses on the analysis of the principle of prohibition of reformatio in peius in the Slovenian regulation of administrative procedure.

Key words: reformatio in peius, exceptions to the prohibition of reformatio in peius, modification of the decision to the detriment of the appellant, the principle of the prohibition of reformatio in peius in the decision-making of a first- instance body, a replacement decision.