Pregledni rad
Decision-Making within a Reasonable Time in Administrative Procedures
Špela Zagorc
; Europski fakultet za pravo, Nova Gorica, Slovenija
Sažetak
Decision-making within a reasonable time derives from the right to a fair trial and the right to an effective remedy according to the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights of the EU (ECHR). Although the use of the ECHR initially applied only to criminal and civil proceedings, the case law of the European Court of Human Rights established the possibility of judicial control over the executive branch of the Contracting States. Although the EU Member States exercise national
procedural autonomy in administrative procedures, the jurisprudence illustrates that procedures can be assessed by the European Court of Justice (ECJ). The article focuses on the application of the ECHR and the Charter of Fundamental Rights of the EU in the field of administrative law and administrative procedures through the presented normative framework and an analysis of the case law of the Court of Justice and the European Court of Human Rights
(ECtHR) regarding the institute of decision-making within a reasonable time. The jurisprudence of the ECtHR and of the ECJ, which is presented throughout the paper, is of utmost importance for decision-making in a reasonable time in administrative law as the ECtHR has the sole jurisdiction of interpretation of the ECHR, and the ECJ has the sole jurisdiction of interpretation of the EU law. The results presented in the paper contribute to the awareness of the importance of respecting international human rights in the field of national administrative procedural law.
Ključne riječi
decision-making; reasonable time; international human rights; administrative law
Hrčak ID:
152452
URI
Datum izdavanja:
4.12.2015.
Posjeta: 2.109 *