Right to enforcement of administrative court decisions as guarantee to a fair trial

• Main Authors: Marko Šikić, Lana Ofak
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2015-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: enforcement of administrative court decisions; fair trial; European Convention for the Protection of Human Rights and Fundamental Freedoms; UN Charter on Fundamental Freedoms
• Online Access: http://hrcak.srce.hr/file/203622
• ISSN: 0584-9063; 1847-0459

The right to enforcement of administrative court decisions is an integral part of the right to access the court. Article 6 subsection 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms on the right to a fair ( just) trial and article 47 of the Charter of Fundamental Rights of the European Union on the right to an effective legal means and fair trial guarantee the implementation of binding court decisions. Otherwise, the provisions on the right to a fair trial would be deprived of every efficient effect. The author’s research will be divided into two parts. In the first part, the practice of the European Court of Human Rights will be analysed from the stance of infringement of rights to the enforcement of administrative court decisions. The authors will demonstrate the constituent parts of the law on the enforcement of administrative court decisions which make up a part of the guarantee to a just judicial dispute in the context of article 6 subsection 1 of the European Convention. The second part will research the practice up to date of the European Union Court related to the application of article 47 of the Charter in relation to the same question on the enforcement of administrative court decisions. The authors will conclude with the hurdles to achieving the right to enforcement of administrative court decisions and the possibilities for overcoming them.