Review article
https://doi.org/10.31141/zrpfs.2018.55.130.815
Standards of the European Court of Human Rights in the area of administrative law with special reference to the Republic of Macedonia
Vesna Stefanovska
Blerton Sinani
Abstract
In many occasions, the European Court of Human Rights has reiterated that the ECHR is a ‘living instrument’. The rights enshrined in the Convention have to be interpreted in the light of present day conditions so as to be practical and effective. Therefore, the Court has on several occasions modified its views on certain subjects because of scientific developments. Although in the scope of Article 6(1) of European Convention on Human Rights are civil rights and obligations and criminal charges, the application to administrative disputes has arised from the Court’s case-law. This paper will try to analyze the framework of administrative disputes in the Republic of Macedonia, mainly the Law on Administrative Disputes and its consolidation with the international standards, specifically with the ECHR. Further, subject of elaboration will be the Macedonian dossier in Strasbourg and the judgments in which the ECtHR found violation of Article 6 of ECHR in relation to administrative disputes and procedures.
Keywords
administrative dispute; fair trial; independence; impartiality; length of proceedings
Hrčak ID:
209859
URI
Publication date:
27.11.2018.
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