Exclusion of a response to the appeal in the right to reply litigation: On the constitutionality of the one-sided appeal concept
Serbian Law on Public Information and Media, following its predecessor, prescribes so called one-sided appeal against a judgment in a litigation over the right to respond to information-appeal is not submitted to the other party. In addition, in such litigation, revision (second instance appeal on p...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2021-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2021/0550-21792103687K.pdf |
| _version_ | 1817968816682958848 |
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| author | Keča Ranko I. Knežević Marko S. |
| author_facet | Keča Ranko I. Knežević Marko S. |
| author_sort | Keča Ranko I. |
| collection | DOAJ |
| description | Serbian Law on Public Information and Media, following its predecessor, prescribes so called one-sided appeal against a judgment in a litigation over the right to respond to information-appeal is not submitted to the other party. In addition, in such litigation, revision (second instance appeal on points of law) is inadmissible. In this paper such major exception to the general rules of civil procedure is examined with regard to its constitutionality. It turns out that the concept of one-sided appeal is partially unconstitutional, in the sense of limiting the right to be heard as part of the right to a fair trial. After denying the possibility of teleological reduction, one of the two possible ways of legislative solution is proposed, and that is simply abandoning the concept of one-sidedness of the appeal. |
| first_indexed | 2024-04-13T20:12:58Z |
| format | Article |
| id | doaj.art-7b9d6bdeda634581add3a4a1d105a787 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-04-13T20:12:58Z |
| publishDate | 2021-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-7b9d6bdeda634581add3a4a1d105a7872022-12-22T02:31:47ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552021-01-0155368770810.5937/zrpfns55-337300550-21792103687KExclusion of a response to the appeal in the right to reply litigation: On the constitutionality of the one-sided appeal conceptKeča Ranko I.0Knežević Marko S.1Univerzitet u Novom Sadu, Pravni fakultet, SerbiaUniverzitet u Novom Sadu, Pravni fakultet, SerbiaSerbian Law on Public Information and Media, following its predecessor, prescribes so called one-sided appeal against a judgment in a litigation over the right to respond to information-appeal is not submitted to the other party. In addition, in such litigation, revision (second instance appeal on points of law) is inadmissible. In this paper such major exception to the general rules of civil procedure is examined with regard to its constitutionality. It turns out that the concept of one-sided appeal is partially unconstitutional, in the sense of limiting the right to be heard as part of the right to a fair trial. After denying the possibility of teleological reduction, one of the two possible ways of legislative solution is proposed, and that is simply abandoning the concept of one-sidedness of the appeal.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2021/0550-21792103687K.pdfright to replyresponse to the appealconcept of one-sided appealright to be heardequality of armsequality of arms in proceedingsright to a fair trial |
| spellingShingle | Keča Ranko I. Knežević Marko S. Exclusion of a response to the appeal in the right to reply litigation: On the constitutionality of the one-sided appeal concept Zbornik Radova: Pravni Fakultet u Novom Sadu right to reply response to the appeal concept of one-sided appeal right to be heard equality of arms equality of arms in proceedings right to a fair trial |
| title | Exclusion of a response to the appeal in the right to reply litigation: On the constitutionality of the one-sided appeal concept |
| title_full | Exclusion of a response to the appeal in the right to reply litigation: On the constitutionality of the one-sided appeal concept |
| title_fullStr | Exclusion of a response to the appeal in the right to reply litigation: On the constitutionality of the one-sided appeal concept |
| title_full_unstemmed | Exclusion of a response to the appeal in the right to reply litigation: On the constitutionality of the one-sided appeal concept |
| title_short | Exclusion of a response to the appeal in the right to reply litigation: On the constitutionality of the one-sided appeal concept |
| title_sort | exclusion of a response to the appeal in the right to reply litigation on the constitutionality of the one sided appeal concept |
| topic | right to reply response to the appeal concept of one-sided appeal right to be heard equality of arms equality of arms in proceedings right to a fair trial |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2021/0550-21792103687K.pdf |
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