Review article
https://doi.org/10.31141/zrpfs.2016.53.121.729
Aspects of law in a fair trial- right to access the court through jurisprudence of the constitutional court of the Republic of Croatia
Duška Šarin
; Ustavni sud Republike Hrvatske
Abstract
The Constitutional Court of the Republic of Croatia in its practice is related to the protection of human rights and fundamental freedoms, which is entirely harmonised with the practice of the European Court of Human Rights, mostly deals with violation of the law on fair trial guaranteed by article 29 of the Constitutional Court of the Republic of Croatia. The development of the jurisprudence of the Constitutional Court of the Republic of Croatia to date is analysed concerning various aspects of law on fair trial with special emphasis on the right to access the courts. After determining aspects of the rights to a fair trial and the “right to court”, the right to access the court or its limits is analysed. In particular the procedural presumptions of access to court such as the right to submit certain types of court applications (permission to sue) , right to access the court through effective legal remedy (guaranteed right to appeal and the right to review) and the right to access the courts in certain court procedures. The focus is mainly on decisions in which the Constitutional Court of the Republic of Croatia has established violations of the mentioned rights due to unacceptable legal viewpoints of courts.
Keywords
Constitutional Court in Croatia; Art. 29. of the Croatian Constitutition; aspects of law on fait trial; the right to acces the court
Hrčak ID:
165926
URI
Publication date:
12.9.2016.
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