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. In: Procedural Aspects of EU Law. Institut za uporedno pravo, Beograd, pp. 447-467. ISBN 978-953-8109-16-4

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Abstract

Since the adoption of the Charter ofFundamental Rights of the EU, it has become clear that the EUprioritizes the protection of human rights as an EUpolicy 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 offustice 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 oftrial within a reasonable time as apart ofthe EUacquis. 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 ofthe 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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