Litigation costs and a fair trial
The rule of law is based on inalienable human and minority rights, which are directly implemented by virtue of Article 18 of the Constitution of the Republic of Serbia. Protection of the said rights is primarily secured through the constitutional appeal to the Constitutional Court of the Republic of...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2019-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2019/0017-09331901037G.pdf |
| _version_ | 1811196802406285312 |
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| author | Gajić Borivoje |
| author_facet | Gajić Borivoje |
| author_sort | Gajić Borivoje |
| collection | DOAJ |
| description | The rule of law is based on inalienable human and minority rights, which are directly implemented by virtue of Article 18 of the Constitution of the Republic of Serbia. Protection of the said rights is primarily secured through the constitutional appeal to the Constitutional Court of the Republic of Serbia (hereinafter as RS), as well as through the case-law of the European Court of Human Rights (hereinafter as ECtHR). Studying the case-law for the ECtHR is of particular importance for domestic case-law and the right application of the ECtHR standards and the Convention rights protected by the said standards. Due to the possible violation of the right to a fair trial, a decision on the litigation costs is covered by the protection of Article 6 paragraph 1 of the Convention, granting particular importance to decision on the costs. Despite the extensive publication of the case-law, numerous legal journals and law reviews addressing the issue of the litigation costs, the latest case-law for the Constitutional Court of RS, harmonized with the ECtHR's case-law, is gaining importance because it is addressing some aspects of the violation of the right to access to courts or protection of property rights in relation to decision on the litigation costs. This article is an attempt to point to particular case-law of the Serbian courts as well as to the latest decisions of the Constitutional Court and the ECtHR that are addressing the litigation costs from the aspect of violations of the right to access to courts and property protection. |
| first_indexed | 2024-04-12T01:05:05Z |
| format | Article |
| id | doaj.art-fe80cc2c12a74956b2baced2e670fbfa |
| institution | Directory Open Access Journal |
| issn | 0017-0933 2683-5967 |
| language | English |
| last_indexed | 2024-04-12T01:05:05Z |
| publishDate | 2019-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj.art-fe80cc2c12a74956b2baced2e670fbfa2022-12-22T03:54:19ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672019-01-0191137540017-09331901037GLitigation costs and a fair trialGajić Borivoje0Apelacioni sud, Novi SadThe rule of law is based on inalienable human and minority rights, which are directly implemented by virtue of Article 18 of the Constitution of the Republic of Serbia. Protection of the said rights is primarily secured through the constitutional appeal to the Constitutional Court of the Republic of Serbia (hereinafter as RS), as well as through the case-law of the European Court of Human Rights (hereinafter as ECtHR). Studying the case-law for the ECtHR is of particular importance for domestic case-law and the right application of the ECtHR standards and the Convention rights protected by the said standards. Due to the possible violation of the right to a fair trial, a decision on the litigation costs is covered by the protection of Article 6 paragraph 1 of the Convention, granting particular importance to decision on the costs. Despite the extensive publication of the case-law, numerous legal journals and law reviews addressing the issue of the litigation costs, the latest case-law for the Constitutional Court of RS, harmonized with the ECtHR's case-law, is gaining importance because it is addressing some aspects of the violation of the right to access to courts or protection of property rights in relation to decision on the litigation costs. This article is an attempt to point to particular case-law of the Serbian courts as well as to the latest decisions of the Constitutional Court and the ECtHR that are addressing the litigation costs from the aspect of violations of the right to access to courts and property protection.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2019/0017-09331901037G.pdfrule of lawthe european convention on human rightsequitylitigation costsmoral damagesprevailing party costs |
| spellingShingle | Gajić Borivoje Litigation costs and a fair trial Glasnik Advokatske komore Vojvodine rule of law the european convention on human rights equity litigation costs moral damages prevailing party costs |
| title | Litigation costs and a fair trial |
| title_full | Litigation costs and a fair trial |
| title_fullStr | Litigation costs and a fair trial |
| title_full_unstemmed | Litigation costs and a fair trial |
| title_short | Litigation costs and a fair trial |
| title_sort | litigation costs and a fair trial |
| topic | rule of law the european convention on human rights equity litigation costs moral damages prevailing party costs |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2019/0017-09331901037G.pdf |
| work_keys_str_mv | AT gajicborivoje litigationcostsandafairtrial |