Review article
RIGHT TO ACCESS TO COURT IN JURISDICTION OF THE EUROPEAN COURT OF HUMAN RIGHTS
Duška Šarin
; Constitutional Court of the Republic of Croatia
Abstract
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.
Keywords
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
Publication date:
30.12.2015.
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