„Sukob nadležnosti“ kod sukoba nadležnosti u upravnom postupku

A conflict of jurisdiction in administrative proceedings occurs when two authorities declare themselves competent (positive conflict) or not competent (negative conflict) to act in the same administrative matter (case). The regulations that determine the authorities responsible for resolving conflicts of jurisdiction contain certain ambiguities, which can be interpreted as overlapping jurisdiction for resolving conflicts of jurisdiction, on the one hand, and gaps in terms of jurisdiction for resolving conflicts of jurisdiction between certain categories of administrative entities, on the other hand. In this sense, the paper talks about the ‘conflict of jurisdiction’, in the first case ‘positive’, and in the second ‘negative’. We are not talking about real conflicts of jurisdiction, because they can arise only with respect to a specific administrative matter, but about vague norms that regulate or fail to adequately regulate jurisdiction for resolving conflicts of jurisdiction, which can lead to problems in determining the authority responsible for resolving conflicts of jurisdiction.