Naslov
Mutual recognition of judicial decisions and the right to a fair trial with special focus on the ECHR’s findings in the case of Avotiņš v. Latvia
(Mutual recognition of judicial decisions and the right to a fair trial with special focus on the ECHR’s findings in the case of Avotiņš v. Latvia)

Autori
Jelinić, Zvonimir ; Knol Radoja, Katarina

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

Izvornik
EU Law in Context – Adjustment to Membership and Challenges of the Enlargement: EU and Comparative Law Issues and Challenges Series 2 (ECLIC 2) / Duić, Dunja ; Petrašević, Tunjica - Osijek : Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, 2018, 571-585

ISBN
978-953-8109-25-6

Skup
2nd International Scientific Conference: EU Law in context – adjustment to membership and challenges of the enlargment (ECLIC 2018)

Mjesto i datum
Osijek, Hrvatska, 14.06.2018. - 15.06.2018

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
the European Court of Human Rights ; the Court of Justice of the European Union ; the right to a fair trial ; mutual recognition and enforcement of judicial decision
(he European Court of Human Rights ; the Court of Justice of the European Union ; the right to a fair trial ; mutual recognition and enforcement of judicial decision)

Sažetak
In Avotiņš v. Latvia, the European Court of Human Rights (from now on: ECHR ; Court) was questioning whether the Conventional right to a fair trial applies in cases of mutual recognition of judicial decisions on EU level. Without dealing with errors of fact or law allegedly made by a national court, the Court found it necessary to determine whether the national court has infringed the rights and freedoms protected by the Convention. Although the applicant claimed that the national court breached the Brussels I Regulation and thus violated the right to a fair trial, the ECHR concluded that it is not up to the Court to decide on the compliance of national law with international treaties and EU law. As it can be understood from the judgment, the ECHR holds that interpretation and application of the provisions of the EU regulations fall under the jurisdiction of the national courts and the Court of Justice of the European Union (from now on: the CJEU). However, the ECHR reaches a conclusion that the Contracting States are obliged to take care of the parties’ procedural rights when applying the EU law for the reason that provisions of the EU law must not be applied mechanically, without bearing in mind the duty of taking into account the rights protected by the Convention. In this paper, the authors shall analyze the relationship between the ECHR and the CJEU taking into account and resorting to the ECtHR’s findings in the case of Avotiņš v. Latvia.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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