Начело економичности и право на суђење у разумном року у парничном поступку Републике Србије
The Efficiency Principle and the Right to Trial Within a Reasonable Time in the Civil Procedure Law of the Republic of Serbia

Author(s): Darija Marić
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Right to trial within a reasonable time; European Convention on Human Rights; The efficiency principle; Civil procedure law; Effective legal remedy;
Summary/Abstract: The efficiency principle encompasses the obligation by all parties to achieve satisfactory legal result by using such resources as time, labor and money in an efficient manner.The goal is to reach both lawful and just decision using in a rational and expeditive way. This principle is in wrought in the entire concept of civil procedure, and is further developed by a number of individual regulations.The right to a trial within a reasonable time is a party’s right to efficient legal protection, which implies legal disputes should be solved without excessive delay. This basic human right is guaranteed by Article 6 Para 1of the European Convention on Human Rights, as well as Article 32 Para 1of the Constitution of the Republic of Serbia. The same legal acts provide for the right of an effective remedy as well as the judicial protection of this right in case that it has been violated. The right to an expeditive trial has been formulated as one of the basic provisions in the Civil Procedure Code in 2004 and then again in 2011. However, the Civil Procedure Code does not envisage any specific legal remedies for the case in which the right to a trial within a reasonable time has been violated. In that case, the parties at the national level were entitled to submit an appeal to the Constitutional Court.The amendments of the Law on Seats and Territorial Jurisdiction of Courts and Public Prosecutors Offices in 2013 introduced the legal protection of the right to a trial within a reasonable time. Namely, the part can submit two requests: one to accelerate the process and the other for an equitable renumeration. The procedure is urgent, and the Court’s decision can be appealed. However, in the light of numerous applications in front of the European Court on Human Rights, claiming that the Republic of Serbia has violated this right, after a public debate the Ministry of justice of Republic of Serbia submitted a Draft Protection of the Right to a Trial Within Reasonable Time Act in 2014. The Draft envisages three legal remedies for the ase in which the right to a trial within a reasonable time is violated: 1) request to accelerate the process, 2) file a complaint, and 3) request an equitable remuneration.

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