Fair adjudication process according to the European Court for the Protection of Human Rights and the State Council’s practice

• Main Author: Marc Gjidara
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2012-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: European Court of Human Rights; State Council; jurisprudence
• Online Access: http://hrcak.srce.hr/file/125388

The State Council, after much resistance, has harmonised its legal practice with that of the Strasbourg Court. Today, proceedings before the State Council are based on the provisions of article 1b of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Pursuant to the aforementioned, it is important to emphasise that the administrative judge plays or should play, a significant role in the important areas of protection of fundamental rights and the public interest. The application of law from the European Convention for the Protection of Human Rights and Fundamental Freedoms is closely related thereto. Various aspects of law in fair trial are the subject of analysis in the rest of this paper. Sometimes it is very difficult to clarify the different aspects because they are extremely closely related.