Professional paper
https://doi.org/10.54070/hljk.31.2.6
The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice
Vedran Ramadanović
*
* Corresponding author.
Full text: croatian pdf 472 Kb
page 433-463
downloads: 462
cite
APA 6th Edition
Ramadanović, V. (2024). The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice. Hrvatski ljetopis za kaznene znanosti i praksu, 31 (2), 433-463. https://doi.org/10.54070/hljk.31.2.6
MLA 8th Edition
Ramadanović, Vedran. "The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice." Hrvatski ljetopis za kaznene znanosti i praksu, vol. 31, no. 2, 2024, pp. 433-463. https://doi.org/10.54070/hljk.31.2.6. Accessed 13 Jul. 2026.
Chicago 17th Edition
Ramadanović, Vedran. "The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice." Hrvatski ljetopis za kaznene znanosti i praksu 31, no. 2 (2024): 433-463. https://doi.org/10.54070/hljk.31.2.6
Harvard
Ramadanović, V. (2024). 'The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice', Hrvatski ljetopis za kaznene znanosti i praksu, 31(2), pp. 433-463. https://doi.org/10.54070/hljk.31.2.6
Vancouver
Ramadanović V. The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice. Hrvatski ljetopis za kaznene znanosti i praksu [Internet]. 2024 [cited 2026 July 13];31(2):433-463. https://doi.org/10.54070/hljk.31.2.6
IEEE
V. Ramadanović, "The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice", Hrvatski ljetopis za kaznene znanosti i praksu, vol.31, no. 2, pp. 433-463, 2024. [Online]. https://doi.org/10.54070/hljk.31.2.6
Full text: english pdf 472 Kb
page 433-463
downloads: 130
cite
APA 6th Edition
Ramadanović, V. (2024). The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice. Hrvatski ljetopis za kaznene znanosti i praksu, 31 (2), 433-463. https://doi.org/10.54070/hljk.31.2.6
MLA 8th Edition
Ramadanović, Vedran. "The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice." Hrvatski ljetopis za kaznene znanosti i praksu, vol. 31, no. 2, 2024, pp. 433-463. https://doi.org/10.54070/hljk.31.2.6. Accessed 13 Jul. 2026.
Chicago 17th Edition
Ramadanović, Vedran. "The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice." Hrvatski ljetopis za kaznene znanosti i praksu 31, no. 2 (2024): 433-463. https://doi.org/10.54070/hljk.31.2.6
Harvard
Ramadanović, V. (2024). 'The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice', Hrvatski ljetopis za kaznene znanosti i praksu, 31(2), pp. 433-463. https://doi.org/10.54070/hljk.31.2.6
Vancouver
Ramadanović V. The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice. Hrvatski ljetopis za kaznene znanosti i praksu [Internet]. 2024 [cited 2026 July 13];31(2):433-463. https://doi.org/10.54070/hljk.31.2.6
IEEE
V. Ramadanović, "The Right to an Effective Review of the Legality of Deprivation of Liberty by Arrest or Detention from the Aspect of the Practice of the Strasbourg Court and Domestic Law and Practice", Hrvatski ljetopis za kaznene znanosti i praksu, vol.31, no. 2, pp. 433-463, 2024. [Online]. https://doi.org/10.54070/hljk.31.2.6
Abstract
The paper deals with the right to effective judicial control of the legality of deprivation of liberty by arrest or detention as part of the protection of the right to personal freedom under Article 5 of the European Convention on Human Rights (Convention). This is a convention of habeas corpus, according to which anyone deprived of liberty by arrest or detention has the right to initiate court proceedings in which the lawfulness of the detention will be quickly decided or the release ordered if the detention is illegal. The paper first sets up a theoretical framework that enables a deeper understanding of the issue, followed by an analysis of the standards of practice of the European Court of Human Rights (ECtHR, Court), and then the author critically reviews the implementation of those standards in the domestic legal system. The shortcomings of domestic judicial practice, which in some cases deviate from the Convention standards, are particularly emphasised. Finally, the author presents de lege ferenda proposals aimed at improving the legislative and judicial framework in accordance with international standards, underlining the need for greater adaptation to achieve a balanced, but above all effective system of protection of the right to personal freedom
Keywords
personal freedom, arrest and detention, habeas corpus, adversarial procedure, speed and efficiency of proceedings
Hrčak ID:
328345
URI
https://hrcak.srce.hr/328345
Publication date:
4.12.2024.
Article data in other languages:
croatian
Visits: 1.072
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