Review article
https://doi.org/10.30925/zpfsr.40.1.16
THE RIGHT TO ACCESS TO CASE FILE IN ADMINISTRATIVE MATTERS
Lana Ofak
orcid.org/0000-0001-7585-6370
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Marko Šikić
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The paper analyses key issues related to the exercise of the right to access to case file in administrative matters. After the introductory chapter, the paper first points to the constitutional status of the right of access to the case file as an integral part of the right to a fair trial. The case law of the European Court of Human Rights is also presented in the paper, given the fact that this is a right protected by the Convention
for the Protection of Human Rights and Fundamental Freedoms, which the public authorities in the Republic of Croatia must apply. The central part of the paper analyses the issues of the right of access to the case file, the exclusion of certain files from viewing and multiplication, the method of making a ruling and reasoning of the decision rejecting the access to case file, the application of the principle of proportionality when deciding on limiting the right to access and the time period of
accessing into the file. The conclusion of the paper emphasizes that securing to access to case file in administrative matters ultimately achieves higher quality of the decisions of public authorities and ensures legality in the functioning of public administration.
Keywords
access to case file; fair procedure; General Administrative Procedure Act; Constitution of the Republic of Croatia; Convention for the Protection of Human Rights and Fundamental Freedoms
Hrčak ID:
219399
URI
Publication date:
8.4.2019.
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