Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request
The right to a legal remedy is one of the fundamental rights, which must be provided to every party involved in the proceedings (criminal, administrative, civil) which decide on the party’s rights, obligations or legal benefits. In the field of misdemeanour law with regard to the fast track misdeme...
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| Format: | Article |
| Language: | English |
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University of Ljubljana Press (Založba Univerze v Ljubljani)
2015-03-01
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| Series: | Central European Public Administration Review |
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| Online Access: | https://journals.uni-lj.si/CEPAR/article/view/20419 |
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| author | Tine Jurič |
| author_facet | Tine Jurič |
| author_sort | Tine Jurič |
| collection | DOAJ |
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The right to a legal remedy is one of the fundamental rights, which must be provided to every party involved in the proceedings (criminal, administrative, civil) which decide on the party’s rights, obligations or legal benefits. In the field of misdemeanour law with regard to the fast track misdemeanour proceedings, the legislature refers to this remedy as the request for judicial protection. Its effectiveness at the level of the set of reasons and their frequency at lodging the request, with the aim of providing the best possible legal protection of offenders, is unexplored, and so an in-depth empirical, historical and normative research of the challenge against its lodging has been made, in particular of the range, meaning, scope and the frequency of the filing of the reasons challenging the lodging. The research established that the range of the challenging grounds for filing a request for judicial protection extends with the amendments to the Minor Offences Act and in this way provides a greater legal protection for offenders, and that most of them are filed due to a challenge on the grounds of erroneous and incomplete factual findings. This suggests that in this part of the fast track misdemeanour proceedings, most irregularities by misdemeanours authority are claimed. The results of empirical research utilizing the model of challenging the Police decisions regarding misdemeanours present the conduct of research, the methods used, as well as the baseline for a model of judicial protection
against the decisions of the Police regarding the Minor Offences Act de lege ferenda.
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| format | Article |
| id | doaj-art-e3444cc048d34123bb734a731596dc5f |
| institution | Kabale University |
| issn | 2591-2240 2591-2259 |
| language | English |
| publishDate | 2015-03-01 |
| publisher | University of Ljubljana Press (Založba Univerze v Ljubljani) |
| record_format | Article |
| series | Central European Public Administration Review |
| spelling | doaj-art-e3444cc048d34123bb734a731596dc5f2025-01-22T10:54:56ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592015-03-0113110.17573/ipar.2015.1.05Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection RequestTine Jurič0Police Station for Compensatory Measures Ljubljana The right to a legal remedy is one of the fundamental rights, which must be provided to every party involved in the proceedings (criminal, administrative, civil) which decide on the party’s rights, obligations or legal benefits. In the field of misdemeanour law with regard to the fast track misdemeanour proceedings, the legislature refers to this remedy as the request for judicial protection. Its effectiveness at the level of the set of reasons and their frequency at lodging the request, with the aim of providing the best possible legal protection of offenders, is unexplored, and so an in-depth empirical, historical and normative research of the challenge against its lodging has been made, in particular of the range, meaning, scope and the frequency of the filing of the reasons challenging the lodging. The research established that the range of the challenging grounds for filing a request for judicial protection extends with the amendments to the Minor Offences Act and in this way provides a greater legal protection for offenders, and that most of them are filed due to a challenge on the grounds of erroneous and incomplete factual findings. This suggests that in this part of the fast track misdemeanour proceedings, most irregularities by misdemeanours authority are claimed. The results of empirical research utilizing the model of challenging the Police decisions regarding misdemeanours present the conduct of research, the methods used, as well as the baseline for a model of judicial protection against the decisions of the Police regarding the Minor Offences Act de lege ferenda. https://journals.uni-lj.si/CEPAR/article/view/20419legal meansjudicial protection requestfast track misdemeanour proceedingsreasons for requesting judicial protection |
| spellingShingle | Tine Jurič Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request Central European Public Administration Review legal means judicial protection request fast track misdemeanour proceedings reasons for requesting judicial protection |
| title | Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request |
| title_full | Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request |
| title_fullStr | Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request |
| title_full_unstemmed | Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request |
| title_short | Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request |
| title_sort | analysis of the set meaning range and frequency of lodging the reasons for judicial protection request |
| topic | legal means judicial protection request fast track misdemeanour proceedings reasons for requesting judicial protection |
| url | https://journals.uni-lj.si/CEPAR/article/view/20419 |
| work_keys_str_mv | AT tinejuric analysisofthesetmeaningrangeandfrequencyoflodgingthereasonsforjudicialprotectionrequest |