| Abstract [eng] |
The topic of this master‘s thesis is Cost-effectiveness and Concentration of the Process vs. Fair Trial. The right to a fair trial, which is established in main international and national sources of law, is a wide spectrum integral right, meaning that the right to a fair trial can be achieved only by ensuring the coexistence of many other principles. The right to a fair trial means a guarantee provided by the government to entities, ensuring that the violated rights shall be protected not only by fairly resolving a legal dispute, but also by resolving the dispute by concentrated, expeditious way with the lowest cost possible. This paper reveals and discusses some aspects of the application of the principles of efficiency and concentration, the implementation of which is an integral part of the right to a fair trial in the context of institutes of civil procedure law. The first part of this paper analyses the main concepts of the aforementioned principles, their historical development, content and significance in the system of all principles of civil procedure law, as well as the content of the right to a fair trial and its relationship with the principles of concentration and efficiency. The second part of this paper seeks to determine the main obligations of the parties of a dispute, the court and other participants in the proceedings arising from the principles of process economy and concentration, and the significance of their implementation for ensuring the right to a fair trial. The third part of this paper discusses the preconditions of economy and concentration principles, which influence the exercise of the right to a fair trial in courts of different instances, while outlining the significance and relevance of the implementation of the latter principles in different categories of court cases. |
