VIOLATION OF THE RIGHT TO TRIAL WITHIN A REASONABLE TIME

Abstract

The right to a trial within a reasonable time, as part of the right to a fair trial, is one of the basic human rights proclaimed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. In domestic law, it is guaranteed, first of all, by the Constitution of the Republic of Serbia and then by the Law on Protection of the Right to Trial within a Reasonable Time. Bearing in mind that respect for the right to a trial within a reasonable time contributes to respect for human rights, the principles of the rule of law and the rule of law, it seems necessary to reconsider the issue (or problem) of violating the right to a trial within a reasonable time. The paper, after general remarks on the content of the right to a trial within a reasonable time, analyzes the legislative solutions in the field of protection of the right to a trial within a reasonable time. Special attention is paid to disputes in the field of labor relations, given that statistical data on disputes that are subject to resolution before the Supreme Court of Cassation, indicate the number and duration of predominantly labor disputes. The author also tries to analyze the case law as well as the case law of the European Court of Human Rights, given the fact that in a large number of cases before the European Court of Human Rights against the Republic of Serbia, violation of the right to trial within a reasonable time.