Suđenje u razumnom roku-član 6. stav 1. Evropske konvencije za zaštitu ljudskih prava i osnovnih sloboda
Right to a Trial Within a Reasonable Time – Article 6. Paragraph 1 of the European Convention on Human Rights

Author(s): Monika Milošević
Subject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: trial within the reasonable time; judicial practice; European Court of human Rights; long proceedings in Serbia
Summary/Abstract: The term `Right to a trial within a reasonable time` that is guaranteed by the Article 6., paragraph 1. of the European Convention on Human Rights and Fundamental Freedoms, may not be determined precisely. Neither the European Court for Human Rights had defined it. It can be concluded generally that the term `Right to a trial within a reasonable time` is definable through the judicial practice of the European Court of Human Rights. A large number of countries faces with the problem of termination of court proceedings `within a reasonable time`, among which is Serbia as well. The Civil Procedure Act of the Republic of Serbia guarantees `theRight to a trial within a reasonable time`. However, general impression is that proceedings in Serbia last too long. Having in mind that Serbia is the member of the Council of Europe and had signed and ratified the European Convention on Human Rights and Fundamental Freedoms, its citizens may submit applications to the European Court of Human Rights for violation of the provisions of the Convention, including the violation of the Article 6. paragraph 1. of the Convention. In order to prevent possible negative consequences that may arise for Serbia due to the large number of applications submited to the European Court of Human Rights, measuers for the improvement of efficiency of judiciary should be taken.

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