Право на приступ суду (кратка историја једног неписаног права)
Right of access to the court (a brief history of an unwritten right)

Summary/Abstract: Almost 50 years have passed since the European Court of Human Rights (ECtHR) handed down its judgement in Golder v. United Kingdom. The verdict, in this case, is considered one of the turning points in the practice of the European Court. The subject of the dispute was a right that was not expressly regulated by Article 6, Paragraph 1 of the Convention for the Protection of Human Rights and Freedoms (European Convention, ECHR), so the methods of interpreting the ECHR were extensively engaged in the explanation of the judgment. However, starting with this judgment, the European Court expanded the list of procedural guarantees not expressly covered by the right to a fair trial, subsuming them under the rightof access to court. The Constitution of Serbia does not regulate the right to access the court, and judicial practice also wanders in the final determination of the concept of the right to access the court. Despite this deficiency, it essentially provides adequate protection to persons who have violated this right. Considering the development of practice since the Golder case, the author believes that the right to access the court should be interpreted in a narrower and broader sense, taking into account that limitations and violations of this right can come from substantive and procedural law and can result in the arbitrariness of the work of domestic judges, which is why the relevant legislative provisions of the domestic law guaranteeing the right of access to the court should take into account all the mentioned aspects.

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