Human Rights in Bosnia and Herzegovina and Serbia. Challenges for Respective National Responses to the European Convention on Human Rights (ECHR)

Inhaltsverzeichnis (Table of Contents)

• Introduction
  • Purpose
  • Method and Material
• The Right to a Trial within a Reasonable Time as the Perspective for the Improvement of the Judiciaries in Bosnia and Herzegovina and in Serbia
  • The Right to a Trial Within a Reasonable Time as Defined by the ECHR
  • The Genesis of the Violation of the Right to a Trial within a Reasonable Time and the Current Challenges of Bosnia and Herzegovina's Judicial System
  • The Genesis of the Violation of the Right to a Trial within a Reasonable Time and the Current Challenges of Serbia's Judicial System
  • Roots of Challenges for the National Judiciaries' Responses to the Obligation under Article 6
    • Law on Protection of the Right to a Trial Within a Reasonable Time as the Response of Serbia to Obligations under Article 6 - Possible Challenges in the Law Enforcement
    • Constitutional Court of Bosnia and Herzegovina's Proactive Role as a Call for Response of the Competent National Authorities
  • Concluding Remarks
• Cases in respect of Bosnia and Herzegovina and Serbia Under Enhanced Supervision
  • Sejdić and Finci Group of Cases - Causes of Violation of Article 1 of Protocol No. 12, Article 14 and Article 3 of Protocol No. 1 to the ECHR
    • Constitutional Reality as a Nine-Year-Long Limbo between the ECHR's Obligations and the Lack of Affirmative Actions of the National Authorities
    • Implementation of the ECtHR's Judgement in the Case of Sejdić and Finci as a Hostage of Unresolved Croatian Issue in Bosni and Herzegovina
  • Cases of Dokić v Bosnia and Herzegovina and Mago and Others v Bosnia and Herzegovina - Causes of Violation of Article 1 of Protocol No 1 to the ECHR
    • Bosnia and Herzegovina's Authorities' Reluctance to Enforce the judgement in the case of Đokić and the case of Mago and Others v Bosnia and Herzegovina
  • Case of Milanović v Serbia - Main Facts Established by the ECtHR Regarding the Determined Violation of Article 1 and Article 14 of the ECHR
    • The Shortcomings in the State's Legislation as an Obstacle to the Implementation of the Judgement Milanović v Serbia
  • Causes of Violation of Article 8 of the ECHR as Determined by the ECtHR' Judgement in the Case of Zorica Jovanović v Serbia
    • Sources of Possible Challenges in the Implementation of the Obligation from the Judgement in the Case of Zorica Jovanović v Serbia

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This master's thesis analyzes the challenges faced by Bosnia and Herzegovina and Serbia in responding to judgments from the European Court of Human Rights (ECtHR). The study examines how these countries address violations related to the right to a fair trial within a reasonable time and other fundamental rights. The analysis draws upon specific ECtHR cases to illustrate the systemic issues and obstacles encountered by both nations in implementing the court's rulings.

• The right to a fair trial within a reasonable time
• Implementation of ECtHR judgments in Bosnia and Herzegovina and Serbia
• Systematic challenges within the judicial systems of both countries
• The impact of unresolved political issues on human rights enforcement
• Analysis of specific ECtHR cases and their implications

Zusammenfassung der Kapitel (Chapter Summaries)

Introduction: This chapter sets the stage for the thesis, outlining its purpose and methodology. It establishes the context of Bosnia and Herzegovina and Serbia's obligations under the European Convention on Human Rights (ECHR) and the jurisdiction of the European Court of Human Rights (ECtHR). It highlights the importance of these countries' commitments to human rights in the context of their aspirations for European Union accession. The chapter clearly lays out the scope of the research, focusing on specific rights violations and the responses from national authorities.

The Right to a Trial within a Reasonable Time as the Perspective for the Improvement of the Judiciaries in Bosnia and Herzegovina and in Serbia: This chapter delves into the right to a trial within a reasonable time as defined by the ECHR. It examines the systemic challenges hindering the timely processing of cases in the judicial systems of both Bosnia and Herzegovina and Serbia. It discusses the historical context and underlying causes of these delays, analyzing specific legislative and institutional obstacles to efficient judicial processes. The chapter explores responses – such as legal frameworks aimed at resolving the issues – and identifies potential challenges to their effectiveness. It lays a foundation for understanding the complexities of improving judicial systems within a human rights framework.

Cases in respect of Bosnia and Herzegovina and Serbia Under Enhanced Supervision: This chapter presents a detailed analysis of selected ECtHR cases concerning Bosnia and Herzegovina and Serbia. It explores the reasons behind the violations of human rights identified by the Court in each case, dissecting the specific circumstances and underlying systemic issues involved. The chapter showcases how the countries' responses to the ECtHR judgments have been affected by both legal and political complexities. It highlights the significance of consistent and effective implementation of the judgments, demonstrating their importance for strengthening human rights protections and judicial systems in the two countries. The selected cases serve as compelling examples of the ongoing struggle to achieve compliance with international human rights standards.

Schlüsselwörter (Keywords)

European Convention on Human Rights (ECHR), European Court of Human Rights (ECtHR), Bosnia and Herzegovina, Serbia, right to a fair trial, reasonable time, judicial system, human rights, case law, implementation of judgments, rule of law, EU accession.

Frequently Asked Questions: A Comprehensive Language Preview

What is the purpose of this document?

This document provides a comprehensive overview of a master's thesis analyzing the challenges faced by Bosnia and Herzegovina and Serbia in fulfilling their obligations under the European Convention on Human Rights (ECHR), specifically concerning the right to a fair trial within a reasonable time and other fundamental rights. It includes a table of contents, objectives and key themes, chapter summaries, and keywords.

What are the key themes explored in the thesis?

The key themes include the right to a fair trial within a reasonable time, the implementation of European Court of Human Rights (ECtHR) judgments in Bosnia and Herzegovina and Serbia, systemic challenges within the judicial systems of both countries, the impact of unresolved political issues on human rights enforcement, and an analysis of specific ECtHR cases and their implications.

What specific rights are examined in the thesis?

The thesis focuses on the right to a fair trial within a reasonable time (Article 6 ECHR) and other fundamental rights such as the right to property (Protocol 1, Article 1 ECHR) and the prohibition of discrimination (Article 14 ECHR), as illustrated through specific ECtHR cases involving both Bosnia and Herzegovina and Serbia.

Which countries are the focus of this study?

The study focuses on Bosnia and Herzegovina and Serbia, analyzing their respective challenges in complying with ECtHR judgments and addressing systemic issues within their judicial systems that hinder the protection of human rights.

How does the thesis approach its analysis?

The thesis utilizes a case study approach, analyzing specific ECtHR cases involving Bosnia and Herzegovina and Serbia to illustrate the systemic challenges and obstacles these countries face in implementing court rulings. It examines the historical context, legislative and institutional obstacles, and the effectiveness of national responses.

What is the structure of the thesis?

The thesis is structured into chapters including an introduction outlining its purpose and methodology, a chapter focusing on the right to a fair trial within a reasonable time, and a chapter providing a detailed analysis of selected ECtHR cases involving both countries. The introduction lays out the context of the countries' obligations under the ECHR and the significance of their commitments to human rights in relation to EU accession.

What are some of the specific ECtHR cases analyzed?

The thesis analyzes several significant ECtHR cases, including those involving Sejdić and Finci (concerning the right to political participation), Dokić and Mago (concerning the right to property), Milanović (concerning various rights violations), and Zorica Jovanović (concerning a specific rights violation). These cases serve to illustrate the systemic issues and challenges in both countries.

What are the main findings or conclusions suggested by the document?

While the full conclusions are not explicitly stated in this preview, the document strongly suggests that both Bosnia and Herzegovina and Serbia face significant systemic challenges in their judicial systems that hinder the effective implementation of ECtHR judgments and the protection of human rights. These challenges are linked to both legal and political complexities.

What are the keywords associated with this thesis?

The keywords include European Convention on Human Rights (ECHR), European Court of Human Rights (ECtHR), Bosnia and Herzegovina, Serbia, right to a fair trial, reasonable time, judicial system, human rights, case law, implementation of judgments, rule of law, and EU accession.