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Standards of the European Court of Human Rights in the Area of Administrative Law with Special Focus on the Former Yugoslav Republic of Macedonia

Language
English
Pages
29
2018 / No. 1
Digital Edition

Standards of the European Court of Human Rights
in the Area of Administrative Law
with Special Focus on
the Former Yugoslav Republic of Macedonia

Blerton Sinani

Assistant professor in the scientific-legal area of Constitutional and Administrative Law
and Pro-dean at the Faculty of Law - South East European University,

The Former Yugoslav Republic of Macedonia, e-mail: blerton.sinani@seeu.edu.mk

On many occasions, the European Court of Human Rights has reiterated that the ECHR is a ‘living instrument’. The rights enshrined in the Convention have to be interpreted in the light of present-day conditions so as to be practical and effective. Therefore, the Court has on several occasions modified its views on certain subjects because of scientific developments. Although in the scope of Article 6(1) of the European Convention on Human Rights are civil rights and obligations and criminal charges, the application to administrative disputes has arised from the Court’s case-law. This paper tries to analyze the framework of administrative disputes in the Former Yugoslav Republic of Macedonia, mainly the Law on Administrative Disputes and its consolidation with the international standards, specifically with the ECHR. Further, subject of elaboration is the dossier of the respective state in Strasbourg and the judgments in which the ECtHR found violation of Article 6 of the ECHR in relation to administrative disputes and procedures.

* Editor’s note: For countries, regions, territories etc. the EPLO Publications use the names officially recognized by the UN.

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