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

التفاصيل البيبلوغرافية
العنوان: Judicial Protection of Timely Decision-making in Administrative Matters in the Light of European Convention on Human Rights in Slovenia and Croatia
المؤلفون: Sever, Tina, Đanić, Ana, Kovač, Polonca
المساهمون: Nemec, Juraj
سنة النشر: 2014
مصطلحات موضوعية: Administrative Matter, Administrative Procedure, Administrative Dispute, Effectiveness, European Convention on Human Rights, Reasonable Time, Administrative Silence, Slovenia, Croatia
الوصف: 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.
اللغة: English
URL الوصول: https://explore.openaire.eu/search/publication?articleId=57a035e5b1ae::520cb682a3643323b5b34ed07660f871
https://www.bib.irb.hr/698181
حقوق: CLOSED
رقم الأكسشن: edsair.57a035e5b1ae..520cb682a3643323b5b34ed07660f871
قاعدة البيانات: OpenAIRE