6 BLERTON SINANI
concrete legal act and administrative normative act as a general normative act is tied
to the quality of the rules to behave that contain the respective (related) acts and the
content of the legal regime to which they subjected. The common denominator is
that the administrative normative act, and the administrative act are legal creations
of the normative (law-creating) and applicative (law-applying) activity of the public
administration. In relations to that, one should point out that administrative
normative acts and administrative acts in the administrative legislation of the
Republic of Macedonia in regards to their normative regulation are determined as
special legal acts3. Furthermore, the public administration has a very restrictive
normative power which is different from the legislative in quantity and quality,
because it is purely applicative and explicitly delegated, which is mainly seen when
administrative normative acts are passed. The doctrine of French administrative law
classifies administrative acts in the same manner too. It distinguishes normative acts
(l‘acte réglementaire); these are the acts of general nature that set rules applied to
indefinite group of individuals and situations; and individual acts (l‘acte individuel) –
applied to one or several specifically named individuals.
Administrative regulations are general normative legal acts with a weaker
legal force from the legal acts that proscribes them, as a rule, the executive and
administrative state organs pass such acts in a special and simplified procedure
than the legislative one. They regulate a certain general or objective legal situation.
As a rule, the adoption of general normative legal acts (regulations) is jurisdiction
(competence) of the legislative and not the executive-administrative state power.
The laws (legal acts) are an expression of the general will because they are adopted
by all citizens that have electoral rights, directly through a legislative referendum
or indirectly through their representatives in the legislative body (parliament), and
as far as the by-laws, as a rule, they are created by executive and administrative
state organs that materialize the will of the representative body, and that is the
reason why that will has to be in accordance with the will of the representative
body expressed in a law4. However, normative acts can be passed on basis of explicit
legal competences by the Government of the Republic of Macedonia (decree with
legal force, decree, decision, instructions, program, decision, conclusion5) and the
organs of the public administration of the Republic of Macedonia (rulebook, order,
instructions and plan)6. The adoption of these types of legal acts is explained, from
a view point of the structure of the state and its functioning, with decentralization
3 It is possible, however, with the same law to regulate the procedure to adopt two different
types of acts. For example, the Administrative Procedure Act of USA from 1946 contains procedural
provisions that pertain to adopting solutions (chapter 5) and provisions that regulate the procedure to
adopt regulations (chapter 4) – quoted from, Administrative Law, Zagreb, 2002, p. 366.
4 Mustafa KamariР, Ibrahim FestiР, Upravno pravo, Sarajevo, 2004, . 64-65; Duško Vrban,
Država i pravo, Zagreb, 2003, p. 329.
5 Article 56 of the Law on organization and operation of the state administration bodies, Official
Gazette of Republic of Macedonia, No. 58/2000.
6 Article 36 of the Law on Government of the Republic of Macedonia, Official Gazette of the
Republic of Macedonia, No. 59/2000.