УДК 342.7:341.2(4)
Библид: 1451-3188, 16 (2017)
Vol. 17, No 61-62, стр. 429-443
ДОИ:

Изворни научни рад
Примљено: 01 Jan 1970
Прихваћено: 01 Jan 1970

ПРИХВАТЉИВОСТ ИНДИВИДУАЛНИХ ПРЕДСТАВКИ ПРЕД ЕВРОПСКИМ СУДОМ ЗА ЉУДСКА ПРАВА – АКТУЕЛНИ ПРОБЛЕМИ И НОВЕ ТЕНДЕНЦИЈЕ

Bakračević Andrijana (Докторанд, Правни факултет Универзитета у Београду), andrijanabakracevic@yahoo.com

The paper analyzes the admissibility criteria of an individual application submitted to the European Court of Human Rights. It also contains the analysis of an important protection mechanism instituted by the Council of Europe. Since almost 90 percent of applications are being rejected, the topic of particular admissibility criteria and the way they are being interpreted by the Court is of essential importance for every applicant. In relation to that topic, the author puts forward an analysis of standards instituted for the purpose of anonymity and of applications that are manifestly ill-founded or substantially the same. The analysis concerns also the cases in which applications are incompatible with The European Convention for The Protection of Human Rights and Fundamental Freedoms as well as the cases in which applications have not been submitted within six months. The author also focused on the innovations introduced by the ratification of the Protocol no. 14, for example, the new standard of admissibility that allows the Court to evaluate whether the applicant had suffered a significant disadvantage. The paper also presents an interpretation of restrictions imposed on admissibility criteria as a consequence of ratification of Protocol no. 15.

Кључне речи: The European Convention on Human Rights, European Court Of Human Rights, admissibility criteria for individual applications, Protocol 14, Protocol 15