Naslov
Judicial Protection of Timely Decision-making in Administrative Matters in the Light of European Convention on Human Rights in Slovenia and Croatia

Autori
Sever, Tina ; Đanić, Ana ; Kovač, Polonca

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Presented Papers from the 22nd NISPAcee Annual Conference Government vs. Governance in Central and Eastern Europe: From Pre-Weberianism to Neo- Weberianism? / Nemec, Juraj - Bratislava : NISPAcee PRESS, 2014

ISBN
978-80-98013-72-2

Skup
22 nd NISAPCee annual conference, Budapest, May 2014 Government vs. Governance in Central and Eastern Europe, From Pre-Weberianism to Neo- Weberianism?

Mjesto i datum
Budimpešta, Mađarska, 22.05.2014. - 24.05.2014

Vrsta sudjelovanja
Plenarno

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Administrative Matter; Administrative Procedure; Administrative Dispute; Effectiveness; European Convention on Human Rights; Reasonable Time; Administrative Silence; Slovenia; Croatia

Sažetak
The purpose of administrative procedure is to resolve conflicts between public and private interests, in particular when pursuing parties’ rights of positive status. Contrary to civil matters, parties need to firstly enforce their rights before the administrative authority of first instance ; furthermore they can file an appeal to the second instance. Exhaustion of the appeal is in most legal systems procedural prerequisite to file court action, meaning there will elapse some time before receiving final and enforceable act to exercise rights. Parties have in administrative matters a right to access to the court and fair trial in reasonable time- limits as defined in constitutions, envisaging judicial procedure, in majority of states before specialised Administrative Court in accordance with Articles 6 and 13 of the European Convention on Human Rights (ECHR). Taking the comparative approach with supra- and national normative and European Court of Human Rights case law analysis, paper provides insight to which extent administrative matters can be revised in administrative dispute, legal remedies available to parties, especially when authorities violate time-limits, focusing on conformity of the states’ regulation with the ECHR standards in Slovenia and Croatia. The findings can serve as a ground for other (Eastern European) countries with similar legal tradition and regulation.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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