European Convention for protecting human rights (article 6) and the Administrative Dispute Resolution Act of 2010

• Main Author: Bosiljka Britvić Vetma
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2012-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: European Convention for the Protection of Human Rights and Fundamental freedoms; Administrative Dispute Resolution Act of 2010
• Online Access: http://hrcak.srce.hr/file/125402

The administrative judiciary is subject more or less to the same limits in various countries although certain differences exist in relation to the accepted model. The question arises of how to, on the one hand, deal with citizens’ demands, their desire for their disputes to be resolved and the parallel social trend of an increasingly greater number of legal proceedings, and, on the other hand, the European demands which ask that cases be judged within a reasonable amount of time and that at the same time parties are offered a solution in the form of a clear and understandable decision? Not all countries have decided to opt for the same solutions. The very concept of court control of administration has made judges develop their own models. It is because European law and in particular the provisions of article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which the European Court of Human Rights to a great extent explicitly explained and interpreted, encourage some kind of “normalisation”, that is, unification of administrative legal procedure. Most countries have included the European Convention for the Protection of Human Rights and Fundamental Freedoms in its legal order in such a way that they have placed the basic principles into their own constitutions either by way of legal texts on the procedure (e.g. inclusion of the European Convention for the Protection of Human Rights and Fundamental Freedoms into Irish law in 200) or have even made direct reference to the convention’s text possible. The influence of this European Convention is obvious in the approach to the court or to commencing legal proceedings which must be too restrictive and in the very conduction of legal proceedings themselves.