scholarly journals ПРАВО НА ПРИСТУП СУДУ – РОДНА ПЕРСПЕКТИВА

TEME ◽  
2020 ◽  
pp. 621
Author(s):  
Anđelija Tasić
Keyword(s):  
Case Law ◽  
Access To Justice ◽  
Human Right ◽  
Men And Women ◽  
International Courts ◽  
Court Proceedings ◽  
The One ◽  
The Right ◽  
Right Of Access

Right of access to justice is a fundamental human right, guaranteed on both the international and national levels. Even though generally available to everyone, the right of access to justice is not equally exercised by men and women. On the one hand, women are less likely to bring a claim, including the application in front of international courts; on the other hand, women more frequently face challenges if they decide to protect their rights in the court of law. The author analyzes relevant international and national documents and the available case law, and tries to answer the following questions: what prevents women to exercise the right of access to justice at the time when the equality of men and women is an ideal pursued, supported and promoted both at the national and the international levels; what is the procedural position and treatment of women who bring the claim, and what is the position of female witnesses, judges and public prosecutors; what is the role of stereotypes and biases in court proceedings, and what are the mechanisms for overcoming these issues?

scholarly journals The Case Law of the European Court of Justice on Access to Justice in the Aarhus Convention and Its Implications for Switzerland

2014 ◽  
Vol 11 (4) ◽  
pp. 348-366
Author(s):  
Astrid Epiney ◽  
Benedikt Pirker
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Access To Justice ◽  
Present Contribution ◽  
Court Of Justice ◽  
European Court ◽  
Aarhus Convention ◽  
Scope Of Application ◽  
The Right

The present contribution assesses the case law of the European Court of Justice interpreting the provisions of the Aarhus Convention relating to access to justice. Cases have dealt with the temporal scope of application of provisions on access to justice, projects implemented by specific acts of national legislation and their exclusion from the obligations under the Convention, interim relief and the effet utile of provisions on access to justice, the range of possible pleas for judicial review, the role of procedural errors, permissible costs of proceedings, access to justice for environmental associations under different provisions of the Convention and the annulment of a permit and its relationship with the right to property. As is also shown, this case law is at the same time relevant – though not binding – for Switzerland as a non-eu Member State, but party to the Convention.

scholarly journals ACCESS TO JUSTICE IN CRIMINAL PROCEEDINGS: LEGAL STANCES OF THE EUROPEAN COURT OF HUMAN RIGHTS

Lex Russica ◽  
2020 ◽  
pp. 56-67 ◽  
Author(s):  
T. Yu. Vilkova
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
European Court ◽  
Different Types ◽  
Protection Of Human Rights ◽  
The Right ◽  
Right Of Access

The article is devoted to the analysis of the stances developed in the case law of the European Court of Human Rights regarding the content, scope, general principles of ensuring the right of access to justice, and permissible limits applied to restrict the right in question. The author has substantiated the conclusion that the European Court of Human Rights associates access to justice with Paragraph 1 of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Thus, the concept of access to justice includes a number of elements: the right to have recourse to court; the right to have a case heard and resolved in compliance with the requirements of a fair trial; the right to have the judgment enforced; the set of safeguards that allow the person to exercise the rights under consideration effectively. According to the European Court of Human Rights, access to justice should be ensured at all stages including pre-trial (criminal) proceedings and reviewing of court decisions by higher courts. However, the right of access to justice is not absolute. The restrictions imposed must have a legitimate purpose and reasonable proportionality must be obtained between the means used and the goal determined. In view of the requirement mentioned above, the national legislation may provide for the particularities of application of Paragraph 1 of Article 6 of the Convention to proceedings in different types of courts and at different stages, for example, by establishing a certain procedure for the court to grant individuals the right to appeal to a higher court. The author has demonstrated the main directions of applying the legal stances of the European Court of Human Rights regarding access to justice to improve the Russian criminal procedural legislation and law enforcement practices, as well as for further scientific research.

scholarly journals Human right to a favorable environment

2020 ◽  
Vol 217 ◽  
pp. 11008
Author(s):  
Svetlana Miroshnik ◽  
Tatyana Vlasova ◽  
Svetlana Zgorgelskaya
Keyword(s):  
Complex Structure ◽  
Case Law ◽  
International Level ◽  
Human Right ◽  
International Courts ◽  
Favorable Environment ◽  
Clean Environment ◽  
The Right ◽  
International Aspects ◽  
Empirical Material

The relevance of the research topic is caused by the fact that human intervention in nature has reached its peak. Meanwhile, without a clean environment, there can be no man, no society, no state. The purpose of the research is to prove that the human right to a favorable environment is a natural human right, requiring immediate recognition at the international level. In conducting the study, formal legal, logical, systemic methods, as well as methods of interpreting law were used. Empirical material is presented by decisions of international courts. It is concluded that the human right to a favorable environment is the legal basis for the development and implementation by each state of an environmental policy that includes the legal, informational, educational, financial, international aspects. The right to a favorable environment is a natural human right with a complex structure. It naturally follows from the original natural human right - the right to life. The case-law of international courts laid the foundation for the recognition of this human right. It is necessary at the international level to recognize the right to a favorable environment as a natural human right.

EFFECTIVE LIMITATIONS AND ILLUSORY RIGHTS: A COMMENT ON THE MOTHERS OF SREBRENICA DECISION OF THE EUROPEAN COURT OF HUMAN RIGHTS

2014 ◽  
Vol 23 (1) ◽  
pp. 269-286 ◽  
Author(s):  
Valentina Spiga
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Critical Review ◽  
The Other ◽  
Access To Justice ◽  
European Court ◽  
Alternative Means ◽  
The One ◽  
The Right ◽  
Right Of Access

The latest attempt by the relatives of the victims of the Srebrenica massacre to hold the UN accountable for the inaction of UNPROFOR while the Bosnian enclave was attacked has once again proven unsuccessful. In a unanimous decision in the Stichting Mothers of Srebrenica and others v. the Netherlands case, the European Court of Human Rights declared the application to be ill-founded, finding that the decision of Dutch courts to grant immunity to the UN did not violate the applicants’ right of access to a court. An intrinsic tension between two contemporary trends seems to be embodied in this recent decision. On the one hand the decision follows established and authoritative practice according to which a civil claim cannot override immunity from jurisdiction even though no alternative means of redress is available. On the other hand it conflicts with the growing emphasis placed on the right of access to justice and the right to remedy for victims of gross violations of human rights in the last decade. This note aims to provide a critical review of the decision, focusing on the “alternative means of remedy” test in cases involving the immunity of international organizations. In doing so, the note questions whether such a test must always be a prerequisite for the effective enjoyment of the right of access to a court.

scholarly journals Access to the Highest Administrative Courts: between the Right of an Individual to Have a Case Heard and the Right of a Court to Hear Selected Cases

2020 ◽  
Vol 18 (1) ◽  
pp. 1-23
Author(s):  
Wojciech Piątek
Keyword(s):  
High Standard ◽  
Case Law ◽  
Reasonable Time ◽  
Constitutional Principle ◽  
Lower Courts ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The One ◽  
The Right

Hearing a dispute by a court in a reasonable time is one of the crucial conditions for the existence of an effective judicial system as imposed by the European law and national legal orders. That requirement is contrary to the expectations of individuals to question the judgments of lower courts before the courts of the highest instance. The purpose of this article is to explore the question of values that should be taken into consideration by legislatures in a process of determining the access of administrative cases to the highest courts. The analysis is based on the example of Austrian and Polish legal systems. In both countries, there is a separate two-instance administrative judiciary. However, the conditions of the access to the Supreme Administrative Courts differ. In Poland, that access is unlimited, considering the constitutional principle of two-instance court proceedings. In Austria, the right in question is limited to cases deemed significant for broader interest, i.e. not only the one of the parties to the proceeding. An analysis of the normative consequences of each solution leads to the conclusion that procedural limitations concerning the access to the highest courts foster their role in preserving the uniformity of the case law and ensuring a high standard of its interpretation. A system with no limitations does not guarantee the determination of a concrete dispute in a reasonable time and thus cannot be considered effective.

scholarly journals The right of access to a court in Ukraine in the light of the requirements of the Convention on Protection human rights and fundamental freedoms

2021 ◽  
Vol 4 (1) ◽  
pp. 186-198
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
Public Confidence ◽  
Access To Justice ◽  
Human Right ◽  
Legal Provisions ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Right

This note considers the national legal provisions that regulate the procedure and features of a person’s appeal to the court to protect their rights. Taking into account the provisions of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) regarding the right to a fair trial and the case-law of the European Court of Human Rights (ECtHR) on its interpretation, key threats to the effective exercise of access to justice in Ukraine have been identified. The problem of the inconsistency of the system of local general courts with the new administrative-territorial structure at the district level is highlighted. It is demonstrated how the lack of clear and understandable criteria for distinguishing the subject matter jurisdiction of cases affects the ensuring of the human right to an effective court. Particular attention is paid to the staffing of the judiciary and the low level of public confidence in the judiciary. The authors have analysed the validity of the application of such procedural restrictions as the court fee for filing a lawsuit and the classification of ‘insignificant cases’, which are impossible to appeal. On this basis, it is concluded that the existence of such restrictions on access to court cannot be considered a violation of the right to a fair trial if such restrictions are justified and proportionate to the lawful purpose of their establishment and do not violate the essence of this right. The features of the introduction in Ukraine of a lawyer’s monopoly on the representation of another person in court, as well as the practice of the ECtHR regarding the possibility of recognising such restrictions as a violation of the right to a fair trial, are analysed. Legislative initiatives to improve the motivation of decisions by the courts are highlighted. It was concluded that the provisions aimed at forming a more responsible attitude of judges to the consideration of cases and making reasoned decisions, as well as solving the problem of excessive load on judges, are a prerequisite for ensuring the right to a fair trial. Keywords: human rights and responsibilities, fair trial, access to justice, case-law of the European Court of Human Rights, procedural restrictions, court jurisdiction, proportionality, legal purpose, court fees, lawyer monopoly.

scholarly journals The Court Fee in the Context of Access to Justice: a Comparative Legal Aspect

2019 ◽  
pp. 204-211
Author(s):  
Myroslava HARIIEVSKA
Keyword(s):  
Legal Aspect ◽  
Access To Justice ◽  
Financial Status ◽  
The Law ◽  
Debt Collection ◽  
The One ◽  
The Right ◽  
Article 5 ◽  
Right Of Access ◽  
Full Exemption

The issues of the duty to pay court fees in the context of access to justice are considered. Attention is focused on the role of economic conditions in ensuring access to justice, which include establishing a reasonable amount of court fees and providing a procedural mechanism for deferral, installment payment or partial or full exemption from court fees. Attention is drawn to the need for the judicial authorities to ensure an appropriate balance between the interests of the state in collecting judicial fees for considering claims, on the one hand, and the plaintiff's interest in upholding his claim in court, on the other hand. Despite this, a number of provisions have been investigated that contribute to ensuring the right of access to justice to persons without financial insolvency to pay a court fee in the prescribed amount. It should be noted that the legislation provides for identical reasons for both exempting the court from payment of the court fee and reducing the amount of its payment, as well as for deferring and installment payment of the court fee. Emphasis is placed on the fact that the decision to postpone or defer payment of court fees should not come from the court's own initiative. If the person's financial status is unsatisfactory, the initiative to postpone or defer payment of court fees should come from the plaintiff or defendant, in the event of a counterclaim. Criteria are defined that the court must take into account when deciding on a deferral, installment plan or partial or full exemption from payment of the court fee. So, the court must take into consideration the income of the plaintiff, the prolonged non-receipt by employees of salaries, the non-receipt of rents for the land lease, information about the age and incapacity of individuals, debts to other persons, for example, for utilities, debt collection of the plaintiff within the enforcement proceedings, the presence of dependents etc. The issues of the need to delimit cases of exemption from payment of court fees, provided for by Article 5 of the Law of Ukraine «On Court Fee», and cases where the court fee is not paid at all, provided for by Part 2 of Article 3 of the Law of Ukraine «On Court Fee» is considered. Attention is focused on the fact that the grounds for the court's refusal to apply for deferment, installment plan or partial or full exemption from the payment of the court fee should be reasoned enough.

scholarly journals Fighting recession at the expense of access to justice

2017 ◽  
Vol 38 (1) ◽  
pp. 223-239
Author(s):  
Zvonimir Jelinić
Keyword(s):  
Civil Rights ◽  
Case Law ◽  
European Convention ◽  
Access To Justice ◽  
Related Case ◽  
Settlement Agreements ◽  
Protection Of Human Rights ◽  
Legal Document ◽  
The Right

It is hard to remember when the last time was that one legal document raised as much controversy among legal and economic experts, entrepreneurs and wider public as it is the case with the Act on Financial Operations and Pre-Bankruptcy Settlements (AFOPS). As stated by the Croatian Government at the time of its delivery, the primary aim of the pre-bankruptcy (or insolvency) settlement proceedings was to help troubled companies to revitalize their businesses, keep jobs and to help creditors to recover their claims in a larger proportion than it would be possible if standard bankruptcy proceedings were applied to troubled companies. The fact that two different organs, one professional and one juridical have been conducting pre-bankruptcy settlement proceedings in different stages gives rise to different questions in relation to the right to a fair trial and access to courts as guaranteed by the European Convention for Protection of Human Rights and its related case law. In particular, we shall discuss whether PBS committees constituted “tribunals” in the Conventional context and whether European Convention allows the prior intervention of professional bodies in disputes over civil rights and obligations. Last, but not least, we need to check the powers and the role of commercial courts in confi rming the settlement agreements, bearing in mind that only if the access to a court with full jurisdiction is ensured, the lawfulness of the procedure is provided and secured.

scholarly journals KONSELING PEREMPUAN

2018 ◽  
Vol 3 (2) ◽  
pp. 205-215
Author(s):  
Ulfiah Ulfiah
Keyword(s):  
Social Life ◽  
Good Position ◽  
Large Area ◽  
Human Right ◽  
Men And Women ◽  
The Public ◽  
Public Role ◽  
The Social ◽  
The Right

Women have the same status as the man. There is no differences of status and human right between women and men. Both men and women have the same function in the social life. In the long history, women had the important role. With their achievement, Islam has given the large area to the women in doing good action and heroic. Islam has shown a good position for the women in social life. In the global area, the role of women and men had changed. Women tends to get the public role. The tendencies of women change is because of the opened opportunities for the women. This Phenomenon gives the opportunities to the women to express their  potential. But it will be  a problem if the women don’t understand the role of gender totally. So, counseling has to give the right understanding  in expressing their potential.

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