TRIAL WITHIN REASONABLE TIME IN EU ACQUIS AND SERBIAN LAW

Milošević, Monika and Knežević Bojović, Ana (2017) TRIAL WITHIN REASONABLE TIME IN EU ACQUIS AND SERBIAN LAW. EU and comparative law issues and challenges series (ECLIC) (1). pp. 447-470. ISSN 2459-9425

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Abstract

Since the adoption of the Charter of Fundamental Rights of the EU, it has become clear that the EU prioritizes the protection of human rights as an EU policy. One of the key standards set out in the Charter is the right to a fair trial and, within it, the right to trial within reasonable time. The extensive jurisprudence of the European Court of Human Rights provides key guidance in the interpretation of this standard both within the Council of Europe and within the EU. However, the Court of Justice of the European Union also started to build its particular case law related to trial within a reasonable time. In this paper, the authors will present the developments related to the interpretation of the standard of trial within a reasonable time as a part of the EU acquis. Furthermore, the authors will explore the binding nature of the Charter of Fundamental Rights on the EU candidate countries. Lastly, the authors will analyze the steps that Serbia has taken in order to improve its practices in this field, particularly through the adoption of the Law on the Protection of the Right to Trial within a Reasonable Time. Using the comparative and exegetic method, the authors will assess the effectiveness of the normative approach utilized by the Serbian government aimed at ensuring improved compliance with the trial within reasonable time standards and its impact on the EU accession process.

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