Naslov
In the Quest for the Holy Grail of Effectiveness

Autori
Uzelac, Alan

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
The right to trial within a reasonable time and short-term reform of the European Court of Human Rights: round table organised by the Slovenian chairmanship of the Committee of Ministers of the Council of Europe, Bled, Slovenia, 21-22 September 2009

Izdavač
Ministarstvo vanjskih i europskih poslova Republike Hrvatske ; Ministarstvo pravosuđa i uprave Republike Hrvatske

Grad
Ljubljana

Godina
2009

Raspon stranica
41-70

ISBN
978-961-6566-18-6

Ključne riječi
effective remedies, fair trial, reasonable time, Croatia, effectiveness

Sažetak
The topic of the paper are Croatian experiences with the protection of the right to a trial within a reasonable time guaranteed by Article 6 of the European Convention on Human Rights. The paper presents the development of the Croatian national remedies for the length of proceedings, as well as their current status and functioning. Firstly, a short history of trials and tribulations regarding the legal means of complaining of the length of proceedings at constitutional and statutory level are outlined. These mechanisms were changed and further elaborated several times, partly because of the negative echo coming from the Strasbourg Court cases, partly because of the expansive domestic use of the available remedies, which raised fears of overfilled dockets. The national remedies will be described at the three levels – at the constitutional level (the remedy established by the Constitutional Act on the Constitutional Court in 1999, amended in 2002), at the statutory level, as well as at the administrative level (requests and appeals based on “silence of administration” under the Administrative Procedure Act and the Administrative Disputes Act). The impact of the aggregate of these remedies on the current situation with respect to length of proceedings will be analysed from the two perspectives: from the external perspective (perspective of the Strasbourg Court), and from the internal (national) perspective. Both perspectives will include the currently available statistical data on the number of cases and their outcome. Based on these findings, in the last part of this text the author presents some synthetic conclusions and assessments regarding the current status and the future of the right to a trial within a reasonable time.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA