NAČELO KONTRADIKTORNOSTI U POSTUPKU PRED USTAVNIM SUDOM: KOMENTAR PRESUDE EVROPSKOG SUDA ZA LJUDSKA PRAVA
The purpose of this paper was to tackle the principle of adversariness in the proceedings before the Serbian Constitutional Court. Two applications have been filed to the European Court of Human Rights because of inability of the applicants to participate in the proceedings before the Constitutio...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
University of Belgrade, Faculty of Law, Belgrade, Serbia
2025-03-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://anali.rs/nacelo-kontradiktornosti-u-postupku/ |
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| Summary: | The purpose of this paper was to tackle the principle of adversariness in
the proceedings before the Serbian Constitutional Court. Two applications
have been filed to the European Court of Human Rights because of inability
of the applicants to participate in the proceedings before the Constitutional
Court in which final judgments in their favour were quashed. The applicants
complained under Article 6 § 1 of the Convention that the Constitutional
Court had failed to inform them of the constitutional appeals lodged
against the judgments in their favour and that, as a result, they had not
had an opportunity to participate effectively in the proceedings before the
Constitutional Court. According to the case law of European Court of Human
Rights the principle of adversariness in court proceedings also includes
the proceedings before Constitutional Court. Since the applicants were not
provided with an opportunity to participate effectively in the proceedings
before the Constitutional Court, there has been a violation of Article 6 § 1 of
the Convention on this account. In future Serbian Constitutional Court would
have to secure the application of adversariness principle in the proceedings
instigated by constitutional appeals. |
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| ISSN: | 0003-2565 2406-2693 |