Violation of the Right to Trial Within a Reasonable Time in Administrative Proceedings Cover Image

Повреда права на суђење у разумном року пред органима управе
Violation of the Right to Trial Within a Reasonable Time in Administrative Proceedings

Author(s): Milijana Trifković
Subject(s): Constitutional Law
Published by: Правни факултет Универзитета у Београду
Keywords: ECtHR; Trial within a reasonable time; Administrative proceedings; Constitutional appeal

Summary/Abstract: This paper analyzes violation of the right to trial within a reasonable time in administrative proceedings. Аttention is payed to administrative proceedings because the second-instance administrative authority, apart from a few limited exceptions, can remit a case to a lower instance for unlimited number of times. The issue has gained significance particularly after the adoption of the Law on Protection of the Right to Trial within a Reasonable Time which protects only parties in court proceedings. Relying on the practice of the European Court of Human Rights and Serbian Constitutional Court, this paper points to the possible ways of protection of the right to trial within a reasonable time in administrative proceedings, but also to the need to ban repeated remittals of a case for re-examination in appellate review.

  • Issue Year: 65/2017
  • Issue No: 3
  • Page Range: 188-206
  • Page Count: 19
  • Language: Serbian