Preliminary communication
https://doi.org/10.32984/gapzh.14.1.7
What Constitutes Trial within Reasonable Time in Administrative Matters?
Kristijan Turkalj
orcid.org/0000-0001-6391-4983
; Croatian Catholic University
Abstract
The system of protection of the right to trial within a reasonable time in Croatia has been gradually consolidated under the influence of the jurisprudence of the European Court of Human Rights and the Constitutional Court of the Republic of Croatia. On the other hand, the amendments to the Act on Courts of 2013 represent a step in the opposite direction, when a system was created that, according to the European Court of Human Rights, no longer represents an effective means of protecting the right to a fair trial. The protection of the right to trial within a reasonable time in administrative matters has certain peculiarities that must be taken into account when calculating the reasonable time. Namely, an administrative dispute before a court has to be preceded by an administrative proceeding before an administrative body, and due to their close connection, the duration of the administrative proceeding after the dispute is also taken into account for the calculation of the reasonable time. This means that the period after the party filed an appeal against the act of an administrative body is also taken into account. Taking the above administrative procedures into account, the courts should take care that the decision on the rights and obligations of citizens is rendered within 3 years, which time includes not only the administrative dispute but also the administrative procedure that preceded it. Finally, in order to strengthen legal certainty, it is necessary to amend the Act on Courts of 2013 in such a way as to ensure again an effective means of protection against the violation of the right to trial within a reasonable time.
Keywords
Hrčak ID:
310076
URI
Publication date:
24.11.2023.
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