Administrative inspection

The regulations the implementation of which is overseen by the Administrative Inspectorate are:

• The Law on Administration and the subordinate acts adopted on the basis of the powers conferred by that law;

• Law on Ministries and Other Administrative Bodies of Bosnia and Herzegovina

• The Law on Public Service in the Institutions of Bosnia and Herzegovina and the subordinate acts adopted on the basis of the powers conferred by that law;

• The Law on Work in Institutions of Bosnia and Herzegovina and the subordinate acts adopted on the basis of the powers conferred by that law;

• Administrative Procedure Act

• Decision on the office management of the ministries, services, institutions and other bodies of the Council of Ministers of Bosnia and Herzegovina;

• Instructions on the conduct of office business in the institutions of Bosnia and Herzegovina;

• as well as other regulations whose provisions stipulate that the Administrative Inspectorate is competent to supervise their implementation.

1. Initiation of administrative inspection supervision

The administrative inspector, by virtue of their office, initiates and conducts the inspection oversight.

Any natural or legal person has the right to submit a request for an administrative inspection to oversee the application of laws and other regulations whose enforcement is within the remit of the Administrative Inspectorate.

2. Carrying out administrative inspection oversight

Upon carrying out an inspection, the acting administrative inspector draws up an inspection report which must include the established factual situation, as well as any irregularities and deficiencies in the work. A copy of the report is sent to the head of the administrative body or other authority and, where necessary, to the Council of Ministers.

The administrative inspector shall notify the applicant in writing of the measures taken within the legally prescribed period.

If the administrative inspector finds that the irregularities and shortcomings in work are the result of the incompetence of the authorised official in carrying out the duties to which they have been assigned, they shall propose to the head of the administrative authority or other body that the official be reassigned to other duties.

3. Making a decision

If an administrative inspector, in carrying out an inspection, finds that a law or other regulation has been breached, they are obliged to issue a decision and, by that decision, order: that the identified deficiencies and irregularities be rectified within a specified period; that the appropriate administrative actions which the administrative authority or other body is required to take be undertaken; or that other administrative measures and actions for which it is authorised by a special law or other regulation be taken.

4. Appealing the decision

Against the decision of the administrative inspector, the head of an administrative body or another authority may, within eight days of receipt of the decision, lodge an appeal with the Minister of Justice of Bosnia and Herzegovina. An appeal against the administrative inspector's decision suspends its enforcement. The Minister of Justice's decision is final and may be challenged in administrative proceedings before the Court of Bosnia and Herzegovina.

5. Obligations of the management body and other bodies towards the Administrative Inspection

Every administrative authority and other bodies whose work is subject to administrative inspection oversight are obliged to allow the administrative inspector to carry out the inspection and to provide them with any necessary notices and information relevant to its conclusion.

6. The relationship of the Administrative Inspectorate to the Council of Ministers

If the administrative inspector determines that violations of the law and other regulations are preventing natural and legal persons from exercising their rights and legitimate interests within the prescribed deadlines, or in any other way, the administrative inspector is obliged to inform the Council of Ministers of this in writing without delay, to point out the consequences that have arisen or could arise from such a situation, and to propose the taking of appropriate measures.