Заштита права на суђење у разумном року
Protecting the Right to Trial Within a Reasonable Time

Author(s): Radenko Jotanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Court;Trial;Time limt(s);Reasonable time;Protection of rights;Equitable satisfaction;Financial compensation;Publication of judgement;
Summary/Abstract: The Republic of Srpska has not adopted a law to regulate the protection of the right to trial within a reasonable time. There is a need for such a legal solution, primarily to prevent a significant number of court proceedings before the Court of B&H and the European Court of Human Rights in Strasbourg. The practice of the surrounding countries, which have introduced into their legal system a law regulating the protection of the right to a trial within a reasonable time, shows that there has been an increase in the degree of the legal protection of every subject to law to decide within a reasonable time on his rights and obligations. As a result, there has been a reduction of long-term court proceedings thus increasing the efficiency of trial bodies, which finally led to an increase in legal safety and rule of law in general. The author affirms the arguments for the legal regulation of the protection of the right to a trial within a reasonable time in the legal system of the Republic of Srpska. In this sense, some aspects of legal solutions to the right to a trial within a reasonable time which are acceptable to our legal system have been analyzed within the neighbouring countries, as part of a universal "legal transplant". This refers to the procedure in which this form of judicial redress can be sought, the remedies, the jurisdiction to decide the claim, the time limits for rendering decision, the criteria for assessing the duration of the trial within a reasonable time, the forms of just satisfaction (financial compensation and/or publication of the judgment) and other aspects relevant to accomplishing the right to a trial within a reasonable time.

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