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Aspects of law in a fair trial- right to access the court through jurisprudence of the constitutional court of the Republic of Croatia

Authors: Duška Šarin;

Aspects of law in a fair trial- right to access the court through jurisprudence of the constitutional court of the Republic of Croatia

Abstract

The Constitutional Court of the Republic of Croatia in its practice is related to the protection of human rights and fundamental freedoms, which is entirely harmonised with the practice of the European Court of Human Rights, mostly deals with violation of the law on fair trial guaranteed by article 29 of the Constitutional Court of the Republic of Croatia. The development of the jurisprudence of the Constitutional Court of the Republic of Croatia to date is analysed concerning various aspects of law on fair trial with special emphasis on the right to access the courts. After determining aspects of the rights to a fair trial and the “right to court”, the right to access the court or its limits is analysed. In particular the procedural presumptions of access to court such as the right to submit certain types of court applications (permission to sue) , right to access the court through effective legal remedy (guaranteed right to appeal and the right to review) and the right to access the courts in certain court procedures. The focus is mainly on decisions in which the Constitutional Court of the Republic of Croatia has established violations of the mentioned rights due to unacceptable legal viewpoints of courts.

Keywords

aspects of law on fait trial, Art. 29. of the Croatian Constitutition, Constitutional Court in Croatia, the right to acces the court, K, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Published in a Diamond OA journal
Fields of Science
Fields of Science