Pravo na pristup sudu kao elemenat prava na pravično suđenje – međunarodni standardi i praksa Ustavnog suda Bosne i Hercegovine
The Right to Access to Court as Element of the Right to a Fair Trial – International Standards and Caselaw of the Constitutional Court of Bosnia And Herzegovina

Summary/Abstract: European Convention for the Protection of Human Rights and Fundamental Freedoms in Article 6 guarantees the right to a fair trial. This Article confirms the principle of the rule of law on which democratic society lies on, as well as an unavoidable role judiciary has in implementing justice, thus reflecting a common heritage of high contracting parties. It guarantees procedural rights of the parties in the civil proceedings and the rights of accused in the criminal proceedings. European Court of Human Rights has protected the right to access to court in its previous case-law, mostly due to unacceptable legal positions of courts of contracting parties. Even though Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in paragraph 1 guarantees “the right to court”, it does not directly guarantee the right to access to court, the European Court of Human Rights deduced this right considering that achievement of the right to access to court is an assumption of all the other guarantees prescribed under Article 6 paragraph 1 of this Convention. Thus, the right to access to court is indisputable but is not of an absolute nature, since it is in the scope of free assessment of contracting party to the Convention. However, this does not mean that the state has been given full freedom in term of limiting this right. In that context, the Paper analyses legal opinions and case-law of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina in relation to the assumption for access to court.

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