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Review article

https://doi.org/10.31141/zrpfs.2024.61.153.383

Digitalisation of administrative court proceedings as a means of safeguarding the right to a fair trial

Kristian Turkalj ; Hrvatsko katoličko sveučilište


Full text: croatian pdf 411 Kb

page 383-411

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Abstract

Modern technologies are increasingly present in various aspects of social life including
even administrative proceedings. The aim of this paper is to determine how the digitalization of
administrative proceedings affects the observance of the right to a fair trial. The various stages of
the development of administrative litigation in the Republic of Croatia are firstly considered. Then,
specifics of administrative dispute in relation to other court proceedings are analysed. An analysis
is given of the Croatian legal framework that regulates electronic communication in administrative
courts. Also analyzed is the impact of digitalization on certain elements of the right to a fair trial,
such as the right to a trial within a reasonable timeframe, the right to access court records and
the right to an impartial court. As a result, it is concluded that the digitalization of the judiciary
has an impact on practically all elements of the right to a fair trial. One hopes that this paper will
contribute to a better understanding of the importance of digitalization of the judiciary, and also to
the improvement of legal solutions.

Keywords

the Right to a Fair Trial; Trial within a Reasonable Timeframe; Administrative Law; e-Communication; Impartial Judiciary; on-line Access to Court Records

Hrčak ID:

321202

URI

https://hrcak.srce.hr/321202

Publication date:

30.9.2024.

Article data in other languages: croatian

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