Ostalo
THE European court of human rights and the standards of administrative court procedure
Štefica Stažnik
; zastupnica Vlade Republike Hrvatske pred Europskim sudom za ljudska prava
Sažetak
The Law on Administrative Disputes currently in force has not been harmonised with the Convention on the Protection of Human Rights and Fundamental Freedoms. In the course of ratification procedure, Croatia expressed reserve with regard to the implementation of the right to fair trial in administrative disputes. The paper deals with the concept and de-velopment of the right to fair trial and with the meaning of the phrase “civil rights and obligations” as developed by the European Court of Human Rights. Further, there is an analysis of the guarantees stipulated by the right to fair trial: the right of access to court; the right to public trial; the right to trial within reasonable time; and the right to an independent and impartial court of law (that has been stipulated as such in an appropriate piece of legislation). Although the adoption of the new Law on Administrative Disputes (implementation from 1st january 2012) is undoubtedly
a step forward, a serious impact assessment will only be possible after the practices of administrative justice are developed in the course of itsimplementation.
Ključne riječi
administrative justice system; Law on Administrative Disputes – Croatia; Convention on the Protection of Human Rights and Funda- mental Freedoms; European Court of Human Rights; right to fair trial
Hrčak ID:
135281
URI
Datum izdavanja:
7.12.2010.
Posjeta: 2.061 *