Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights
Right to a reasoned judgement, created by the European Court of Human Rights is used in some cases by the Court in Strasbourg to justify acting as a court of higher instance in relation to national courts regarding the article 6 of the Convention. This issue is relevant both for legal theory and leg...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2019-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903158D.pdf |
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| _version_ | 1849726826463625216 |
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| author | Dajović Goran Spaić Bojan |
| author_facet | Dajović Goran Spaić Bojan |
| author_sort | Dajović Goran |
| collection | DOAJ |
| description | Right to a reasoned judgement, created by the European Court of Human Rights is used in some cases by the Court in Strasbourg to justify acting as a court of higher instance in relation to national courts regarding the article 6 of the Convention. This issue is relevant both for legal theory and legal practice, because the Court, according to the fourth instance doctrine, does not act as an instance court. By analyzing key cases, the authors show under which conditions and in what way the Strasbourg Court rules on the substance of cases. It is concluded that ECHR, in the case of the right to a reasoned judgement, does not stray from the fourth instance doctrine occasionally or by chance. A series of decisions show that the ECHR formulated the right to a reasoned judgement in such a way that the right itself deviates from the fourth instance doctrine. |
| format | Article |
| id | doaj-art-6aba503302744fa3b2cd665343e41808 |
| institution | DOAJ |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2019-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-6aba503302744fa3b2cd665343e418082025-08-20T03:10:03ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932019-01-0167315818510.5937/AnaliPFB1903166D0003-25651903158DFourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human RightsDajović Goran0Spaić Bojan1https://orcid.org/0000-0002-8887-9683Pravni fakultet Univerziteta u Beogradu, SerbiaPravni fakultet Univerziteta u Beogradu, SerbiaRight to a reasoned judgement, created by the European Court of Human Rights is used in some cases by the Court in Strasbourg to justify acting as a court of higher instance in relation to national courts regarding the article 6 of the Convention. This issue is relevant both for legal theory and legal practice, because the Court, according to the fourth instance doctrine, does not act as an instance court. By analyzing key cases, the authors show under which conditions and in what way the Strasbourg Court rules on the substance of cases. It is concluded that ECHR, in the case of the right to a reasoned judgement, does not stray from the fourth instance doctrine occasionally or by chance. A series of decisions show that the ECHR formulated the right to a reasoned judgement in such a way that the right itself deviates from the fourth instance doctrine.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903158D.pdfeuropean court of human rightsfourth instance doctrineright to a fair trialright to a reasoned judgement |
| spellingShingle | Dajović Goran Spaić Bojan Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights Anali Pravnog Fakulteta u Beogradu european court of human rights fourth instance doctrine right to a fair trial right to a reasoned judgement |
| title | Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights |
| title_full | Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights |
| title_fullStr | Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights |
| title_full_unstemmed | Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights |
| title_short | Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights |
| title_sort | fourth instance doctrine and the right to a reasoned judgement in the practice of the european court of human rights |
| topic | european court of human rights fourth instance doctrine right to a fair trial right to a reasoned judgement |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903158D.pdf |
| work_keys_str_mv | AT dajovicgoran fourthinstancedoctrineandtherighttoareasonedjudgementinthepracticeoftheeuropeancourtofhumanrights AT spaicbojan fourthinstancedoctrineandtherighttoareasonedjudgementinthepracticeoftheeuropeancourtofhumanrights |