Paper/Speech Details of Conference Program for the 29th NISPAcee Annual Conference Program Overview WG9: The Rule of Law & Public Administration (Physical) Author(s) Tina Sever University of Ljubljana Ljubljana Slovenia Title Public Interest and Public Benefit as Guidelines on Administrative Action File Paper files are available only for conference participants, please login first. Presenter Tina Sever Abstract In a modern society, several interests are pursued and are possibly colliding in everyday life. Firstly, there is individual interest that deals with certain personal position of individual (e.g. acquiring certain spiritual or material goods). Secondly, common interest is shaped when several people come together to achieve the same goal. Thirdly, from several individual interests general interest is shaped through the process of adapting and changing through interpersonal relationships. Finally, general interest can become social interest if upgraded with institutional note. Its content depends on members of particular society and which interests are pursued in this society (Trpin, 2005). In the state, governed by the rule of law, public interest as institutional and normative phenomenon is important. To fulfil rule of law criteria, it should be shaped through a democratic process of policy making. The paper will deal with the process of shaping public interest through the process of public governance. The base will be Parsons’ theory of three levels of governance. One of the main tools to define public interest is through law. However, law defines besides public interest also public benefit, sometimes even as a synonym. Both terms are indefinite legal concepts, the content of which still needs to be filled in each individual case in accordance with the purpose as derives from the law. The paper will identify both concepts, their definition and distinguish the difference. Relevant regulation in the field of administrative law will be identified (selecting procedural as well as substantive law) and analysed to determine the content of both terms. Moreover, relevant case law will be studied. Finally, we will try to answer, whether public interest and public benefit are quite the same in the last two decades, or did they change in time and space – why and when did they change? For this, we plan to analyse case law of last twenty years and compare the differences for each decade.
