ALL libraries (COBIB.SI union bibliographic/catalogue database)
-
Absence of an oral hearing in administrative disputes : a comparative analysis of Slovenia and CroatiaRašić, Mario, 1991-Purpose: The right to an oral hearing is an essential element of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. This is particularly emphasised in ... administrative procedures where the parties are in a hierarchical relationship. The absence of an oral hearing can significantly limit a party’s right to a fair trial. Therefore, this paper aims to explore the positive law and state of play in the Republic of Slovenia and the Republic of Croatia regarding the right to an oral hearing. The purpose of this paper is to analyse relevant legislation and case law with the goal of proposing future legislation that better aligns with effective legal protection. Design/Methodology/Approach: Desk research was conducted to analyse current legal solutions and case law using sociological research methods. These involved analysing domestic and international legal texts and reviewing the rules governing national administrative procedures in the countries included in the research, as well as against decisions of the European Court of Human Rights. In addition, the research used a combination of primary and secondary data sources. Findings: Administrative courts should prioritise procedural justice and equality of arms, even when there is no clear need for oral hearings, especially if one of the parties requests to appear before the court. To minimise damaging discretion, both parties should consent to relinquishing the right to an oral hearing, which should be mandatory by default. Academic contribution to the field: The primary contribution of this paper lies in its de lege ferenda suggestions regarding the right to an oral hearing, which could potentially enhance the protection of human rights in relation to a fair trial in both administrative disputes and administrative procedures. Originality/Value: This research is original as it presents a comparative analysis of administrative procedure and disputes in selected Member States. To the best of the author’s knowledge, no such comparative study has been conducted before. The findings of this research could have significant value as they highlight the need for improving procedural justice and equality of arms in ensuring a fair trial in administrative disputes.Source: Central European public administration review = Srednjeevropska revija za javno upravo. - ISSN 2591-2240 (Vol. 21, no. 2, Nov. 2023, str. 141-164, 170)Type of material - article, component partPublish date - 2023Language - englishCOBISS.SI-ID - 178327299
source: Central European public administration review = Srednjeevropska revija za javno upravo. - ISSN 2591-2240 (Vol. 21, no. 2, Nov. 2023, str. 141-164, 170)
Shelf entry
Permalink
- URL:
Impact factor
Access to the JCR database is permitted only to users from Slovenia. Your current IP address is not on the list of IP addresses with access permission, and authentication with the relevant AAI accout is required.
Year | Impact factor | Edition | Category | Classification | ||||
---|---|---|---|---|---|---|---|---|
JCR | SNIP | JCR | SNIP | JCR | SNIP | JCR | SNIP |
Select the library membership card:
If the library membership card is not in the list,
add a new one.
DRS, in which the journal is indexed
Database name | Field | Year |
---|
Links to authors' personal bibliographies | Links to information on researchers in the SICRIS system |
---|---|
Rašić, Mario, 1991- |
Source: Personal bibliographies
and: SICRIS
Select pickup location:
Material pickup by post
Delivery address:
Address is missing from the member's data.
The address retrieval service is currently unavailable, please try again.
By clicking the "OK" button, you will confirm the pickup location selected above and complete the reservation process.
By clicking the "OK" button, you will confirm the above pickup location and delivery address, and complete the reservation process.
By clicking the "OK" button, you will confirm the address selected above and complete the reservation process.
Notification
Automatic login and reservation service currently not available. You can reserve the material on the Biblos portal or try again here later.
Subject headings in COBISS General List of Subject Headings
Select pickup location
The material from the parent unit is free. If the material is delivered to the pickup location from another unit, the library may charge you for this service.
Pickup location | Material status | Reservation |
---|
Reservation in progress
Please wait a moment.
Reservation was successful.
Reservation failed.
Reservation...
Membership card:
Pickup location: