6533b7dcfe1ef96bd12718d9

RESEARCH PRODUCT

Administratīvā procesa tiesā efektivitāte pretstatā tiesībām uz taisnīgu tiesu

subject

description

As the Administrative Courts are overloaded with a high number of cases, where the claims are manifestly ill-grounded and extremely insignificant, the Author analyses the possible obstacles that could be created (in the Administrative Procedure Code) in order to reduce the number of ungrounded applications submitted to the Court. Thus the Courts would have been made more efficient and more accessible to those who have “real” claims. This kind of restrictions is contradicting with the right to fair trial. For that reason the case law of the Constitutional Court of Latvia and the European Court of Human Rights is being studied to detect in what situations and in what ways the right to fair trial could be restricted. A number of innovative proposals is suggested how the efficiency of the Administrative Courts.