STRASBOURG STANDARDS IN ADMINISTRATIVE DISPUTE Cover Image

СТРАЗБУРШКИ СТАНДАРДИ У УПРАВНОМ СПОРУ
STRASBOURG STANDARDS IN ADMINISTRATIVE DISPUTE

Author(s): Vuk Cucić
Subject(s): Human Rights and Humanitarian Law, Public Administration
Published by: Правни факултет Универзитета у Београду
Keywords: Right to a fair trial; Administrative dispute; European Convention on Human Rights; Recommendations of the Council of Europe;

Summary/Abstract: This article follows current important organizational and legislative changes in the domestic administrative-court proceedings (administrative dispute). The ongoing judicial reform in Serbia includes creation of the Administrative Court, which should adjudicate administrative disputes in the first instance. A draft of the prospective Administrative Dispute Act is under development. It is the intention of the author to contribute to the changes aimed at improvement of the administrative-court protection of the rights and freedoms of citizens and organizations in the Republic of Serbia. The author analyzes Strasbourg standards, and the level of harmonization of Serbian legislative solutions and case-law with these standards. Strasbourg standards encompass European Convention on Human Rights – namely, Article 6 of the Convention, regulating the right to fair trial, as well as the recommendations of the Council of Europe in the field of administrative law.

  • Issue Year: 57/2009
  • Issue No: 2
  • Page Range: 247-272
  • Page Count: 26
  • Language: Serbian