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- Title
Reasoning in Domestic Judgments in New Democracies: A View from Strasbourg.
- Authors
Popović, Dragoljub
- Abstract
One of the shortcomings in the functioning of the justice systems in new democracies consists of insufficient reasoning in judgments. The European Court of Human Rights (Court) had to deal with the issue in cases in which applicants invoked Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention). The Court's case law developments concerning the issue are analysed in this article. The general rule emerged in leading cases and was subsequently followed. It says there is an obligation incumbent on national courts to provide reasons for their judgments. Therefore, insufficient reasoning in a judgment given at the domestic level of jurisdiction provides grounds for finding a violation of Article 6 of the Convention. The problem of lack of adequate reasoning in domestic judgments has been given attention among scholars, judges and practising lawyers in new democracies. The Court's jurisprudence provides guidance to solutions aimed at improvement of the administration of justice in those countries, which are Member States of the Convention.
- Subjects
NEW democracies; EUROPEAN Convention on Human Rights; HUMAN rights violations -- Law &; legislation; EUROPEAN Court of Human Rights; JUSTICE administration
- Publication
East European Yearbook on Human Rights, 2019, Vol 2, Issue 1, p42
- ISSN
2589-7764
- Publication type
Article
- DOI
10.5553/EEYHR/258977642019002001002