Anali Pravnog fakulteta u Beogradu

Milijana Trifkovic

PhD Student

University of Belgrade, Faculty of Law

Violation of the right to trial within a reasonable time in administrative proceedings Summary

This paper analyzes violation of the right to trial within a reasonable time in administrative proceedings. Attention is payed to administrative proceedings because the second-instance administrative authority, apart from a few limited exceptions, can remit a case to a lower instance for unlimited number of times.

The issue has gained significance particularly after the adoption of the Law on Protection of the Right to Trial within a Reasonable Time which protects only parties in court proceedings. Relying on the practice of the European Court of Human Rights and Serbian Constitutional Court, this paper points to the possible ways of protection of the right to trial within a reasonable time in administrative proceedings, but also to the need to ban repeated remittals of a case for re-examination in appellate review.

Key words; ECtHR. Trial within a reasonable time. Administrative proceedings. - Constitutional appeal.

Article history:

Received: 12. 4. 2017. Accepted: 30. 6. 2017.

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Анали Правног факултета у Београду; година LXV, 3/2017