Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2020, vol. LIV, No. 1, pp. 487–502
language of the paper: English
Overview paper
udk: 342.722:35.077.2(497.11)
doi: 10.5937/zrpfns54-23384
Author:
Renata Bjelica, Ph.D. Student
University of Belgrade
Faculty of Law Belgrade
renata.bjelica@ustavni.sud.rs
Abstract:
The right to an oral public hearing is covered by the right to a fair trial as a right guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as well as by the Constitution of the Republic of Serbia. In this sense, the Law on Administrative Disputes prescribes a rule for the court to establish the facts at an oral public hearing. This law prescribes exceptions to the rule, as well as cases in which the court will “always” and in which it is “obliged” to hold an oral public hearing. Analyzing the legal provisions, with reference to the relevant administrative and constitutional caselaw, and considering the present organization and capacity of the administrative judiciary, the author pointed to certain shortcomings of legislative solutions and administrative judicial decisions, and based on the conclusions drawn, tried to offer possible solutions so that, when it comes to holding a hearing before a court, a higher degree of fairness of trial could be achieved.
Keywords:
right to a fair trial, Law on Administrative Disputes (ZUS), right to an oral public hearing.