Back The Analysis of the effects of the Law on the protection of the right to a trial within reasonable time published

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The Analysis of the effects of the Law on the protection of the right to a trial within reasonable time, provides an overview of the effects of the Law from the perspective of its relevance, effectiveness, efficiency, and sustainability. Main recommendations inter alia suggest 1) development of guidelines which will facilitate judges’ accurate interpretation of criteria for evaluation of the violation of the right to a trial within reasonable time, and consequently update relevant documents on the subject criteria, 2) Conducting additional analysis related to insolvency/enforcement proceedings against the state/socially owned companies guided with the ECtHR practice where, under specific circumstances, a state can opt for a comprehensive resolution of a problem, bearing in mind that limited effects of the Law have been identified in recognising the particularities of these proceedings.3) organisation of trainings for judges which apply the Law and act upon the requests for pecuniary and non-pecuniray damages, in support to the adequate implementation of criteria for assessing duration of a trial.

The analysis, which was envisaged under the Action Plan for the EU negotiating Chapter 23 - Judiciary and Fundamental Rights, was produced in support to the Supreme Court of Cassation and the Ministry of Justice, under the Action “Strengthening the effective legal remedies to human rights violations in Serbia”, implemented under the joint programme of the European Union and Council of Europe “Horizontal Facility for Western Balkans and Turkey-Phase 2019-2022”.

The Analysis (SRB) is available at LINK

Belgrade NOVEMBER 2022
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