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RIGHT TO ACCESS TO COURT IN JURISDICTION OF THE EUROPEAN COURT OF HUMAN RIGHTS

Duška Šarin ; Ustavni sud Republike Hrvatske


Puni tekst: hrvatski pdf 223 Kb

str. 267-296

preuzimanja: 6.228

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Sažetak

Right to access to court is an important aspect of a “right to trial” as one of essential factors of the right to a fair trial as guaranteed by the Art. 6., Section 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this paper, the author analyses jurisdiction of the European Court of Human Rights on the right to access to court. After defining the right to a fair hearing and the “right to trial”, the right to access to court as implicated right is analysed, as well as principal legal opinions of the European Court of Human Rights on this issue. Judgements of the European Court related to the implicated restrictions of the right to access to court are presented, including the techniques of examining the alleged injuries of the right to access to court (i.e. testing the very core of that right) carried out by that Court.

Ključne riječi

The European Court of Human Rights; right to access to court; restrictions of the right to the access to court; testing the core of that right

Hrčak ID:

155994

URI

https://hrcak.srce.hr/155994

Datum izdavanja:

30.12.2015.

Podaci na drugim jezicima: hrvatski

Posjeta: 8.342 *