Original scientific paper

The right to be heard and legal rules

Aleš Galič

Abstract

With reference to the reform of Slovenian civil litigation procedural law of 1999, the article - within the framework of the broader complex problem of the constitutional right to be heard and the relation of the legislator towards the requirements raised by it – analyses, particularly from the point of view of the judicature of the German Federal Constitutional Court, the question whether this constitutional right also refers to the merits of the case and whether it includes the duty of the court to inform the parties about its legal opinions and discuss them with the parties, i.e. the question in what cases the failure to do so means not only the violation of the law, but also the violation of the constitutional right. In connection with these questions, on the basis of the practice of the European Court of Human Rights, an attempt is also made to answer the question whether the right to be heard requires to enable the parties to express their view on the opinion which a certain body (e.g. state attorney) may give to the court in the lawsuit between other two parties.

Keywords

right to be heard, Slovenia; European Court of Human Rights

Hrčak ID:

5119

URI

https://hrcak.srce.hr/5119

Publication date:

20.4.2006.

Article data in other languages: croatian german

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