Research

1. Jernej Letnar Černič, Fair Trial Guarantees before the Court of Arbitration for Sport 

The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees can also be exercised the Court of Arbitration for Sport (CAS). It attempts to identify whether the procedural rules and case law of the CAS should follow all four component parts of the right to a fair trial (the right to a fair hearing, the right to an independent and impartial tribunal established by law, the right to a public hearing and the public pronouncement of judgments, and the right to a fair trial within a reasonable time).This article attempts to explore the nature, value and status of this concept through its fundamental principles developed in the jurisprudence of the European Court of Human Rights. The examination is divided into four steps. Section I discusses the CAS, in particular the different arbitration procedures it has available. Section II discusses and analyses the constituent parts of the right to a fair trial in the CASs procedures, and will try to establish whether a fair trial standard exists in the CAS’s arbitration procedures, subject to the monitoring jurisdiction of the Swiss Federal Tribunal, which examines whether the arbitration panel respected procedural public policy guarantees, including fair trial guarantees. Section III assesses the right to a fair trial before the CAS, while Section E presents some proposals to improve the CAS’s arbitration procedures from the viewpoint of fair trial guarantees. Based on the analysis, the conclusion in Section IV assesses the application of fair trial guarantees before the CAS. In general, the article attempts to argue that fair trial guarantees as developed by the Court should also apply to proceedings before the CAS. All in all, this article thereafter tries to draw out an understanding of fair trial guarantees in sports arbitration.

2.  Jernej Letnar Černič, A Glass Half Empty ? : Execution of Judgments of the European Court of Human Rights in Central and Eastern European states 

This article critically examines weak execution of judgments of the European Court of
Human Rights from the perspective of on-going innate struggle between ideas of liberalism and illiberalism in transitional societies of Central and Eastern European countries. European Court of Human Rights monitors compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms in forty-seven member states of the Council of Europe, whereas the Committee of Ministers supervises the execution of judgments of the European Court of Human Rights in domestic jurisdictions. This article  firstly outlines the background of and basis for the execution of judgments of the European Court of Human Rights. Then it goes on to explain statistics on execution of judgments of the European Court of Human Rights in Central and Eastern European States. This article  thereafter identifies and analyzes the reasons for poor execution of judgement in most Central and Eastern European states from the perspective of (il)liberalism, trying to draw out  lessons concerning the understanding of current failures of those states to comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms.  Equipped with this knowledge, this article goes on to argue that some common reasons for  non-execution of judgement can be identified across Central and Eastern European states. It argues that those reasons can be located in legal formalisms, authoritarian judicial cultures and lack of self-criticisms of judicial structures. To this end, this article suggests how Central and Eastern European states could overcome the hurdles posed by remains of socialist legal culture in a manner that will live up to their obligations concerning execution of judgments of the European Court of Human Rights.

3. IMPLEMENTATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ADMINISTRATIVE AND CONSTITUTIONAL PROTECTIONS IN CROATIAN AND SLOVENIAN LEGAL ORDER

The project will address the implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the Croatian and Slovenian legal order in terms of both procedural and substantive human rights. The project will investigate if and how the Croatian and Slovenian administrative and judicial authorities apply the European Convention for the Protection of Human Rights and Fundamental Freedoms. It will identify the Croatian and Slovenian Constitutional Court in their decisions apply and refer to the European Convention and the European Court of Human Rights. This research project will focus also on the question of what added value of the European Convention provides a system of administrative law and the constitutional protection of human rights and fundamental freedoms in the Croatian and Slovenian legal order.

The Republic of Croatia as well as the Republic of Slovenia are state parties to the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights, supervises compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms in the of forty-­seven countries of the Council of Europe. The European Convention is basically a “constitutional instrument of European public order” (Loizidou v Turkey (Preliminary Objections), A 310 (1995) 20 EHRR 99, para. 75). The Committee of Ministers of the Council of Europe monitors the execution of judgments of the European Court of Human Rights in domestic legal systems. System of the European Convention on Human Rights and Fundamental Freedoms is the most effective and efficient system for the protection of human rights in the world. One can look in vain for more successful, or at least equally effective system for the protection of human rights at all the other continents.

The project will also discuss the comparative experience in the implementation of judgments of the European Court of Human Rights in the Croatian and Slovenian legal order, since the execution of judgments of the European Court of one of the most problematic parts of the European system of protection of human rights and fundamental freedoms. States are obliged to execute the judgments in three ways : payment of just satisfaction, the adoption of individual measures of redress for violations in specific cases and general measures to address systemic violations. The most mature legal and democratic states propose some additional measures in the field of economic and social human rights, in order to show their commitment to the implementation of the judgment. The project will also address how the Croatian and Slovenian administrative and constitutional authorities and courts implement judgments of the European Court of Human Rights in practice. The project will analyze the execution of judgments of the European Court of Human Rights in the Croatian and Slovenian administrative law and constitutional order. It will present and analyze some issues which give rise to problems in the implementation of judgments in both domestic jurisdictions. In doing so, we will examine the execution of judgments of the European Court against the Republic of Croatia and the Republic of Slovenia to the Committee of Ministers of the Council of Europe. We will also analyze the role of the courts in the enforcement of the judgments of European Court of Human Rights in Croatian and Slovenian legal order. We will assess how to improve the execution of judgments of the European Court of Human Rights in the Croatian and Slovenian legal order.

Cooperation will take place in the form of mutual exchange (academic staff and doctoral students) and in the form of organizing expert meetings and workshops in Slovenia and Croatia on the implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms of the Croatian and Slovenian legal order. Exchange of academic staff will take place in the context of post­graduate studies at both institutions. Professional meetings and workshops will address the principles, experiences and case law of administrative and constitutional Croatian and Slovenian administrative authorities and courts in the implementation of the European Convention in the light of all human rights and freedoms protected by the European Convention. Participants at the workshops and expert meetings will discuss the implementation of the right to a fair trial within a reasonable time, freedom of expression, freedom of religion, freedom of assembly and association, the right to family life, the right to property, non­discrimination and other rights. Exchanges, meetings and workshops will examine the application of the European Convention in practice, paying attention to the differences in the legal systems Slovenian and Croatian legal order.

Slovenian and Croatian researchers will present their research work presented at an academic forum in the context of both institutions. Participants will devote great attention at meetings and workshops devoted to the application of the European Convention and judgments of the European Court in protecting human rights in the Croatian and Slovenian constitutional and administrative order. Special attention will be paid to the enforcement of judgments of the European Court of Human Rights in the Slovenian and Croatian legal system. The findings of this cooperation will offer some answers about the necessity of changing regulatory environment and open up opportunities to achieve new insights into the regulation of one or another country, in particular on the basis of the positive experience of one or another country.

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