进入法院,作为正当程序的基本原则

Ma. Anxhelina Zhidro
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引用次数: 0

摘要

进入法院,是正当程序的基本原则之一。国际法和国内法都规定了这一原则。《阿尔巴尼亚宪法》规定,每个人都有权向法院申诉,以保护自己的合法权利、自由和利益。诉诸司法是正当法律程序的一个重要方面,缺乏这一方面就没有关于尊重正当法律程序原则的讨论。这项原则是《欧洲人权公约》第6条的内容之一,由欧洲人权法院具体解释。阿尔巴尼亚采取了一些行动来改革司法制度,并修订了一些法律,甚至影响到进入法院的部分。对《程序民法典》进行了一些修改,目的是使民事诉讼程序更容易,诉讼时间更合理,使每个公民都能方便地上法庭,简化程序等。在本文中,分析了向法院申诉的权利,作为适当程序的一部分,在这种权利可以受到限制的情况下,这是国内法院所遵循的做法,与欧洲人权法院的态度交织在一起,这些年来阿尔巴尼亚对法律所作的修改影响了向法院申诉的机会。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Access to the Court, as a basic principle of due process
Access to the court, is one of the basic principle of due process. This principle is provided by the international acts and also by domestic laws. Constitution of Albania provides that every person has the right to address the court in order to protect their own legal rights, freedom and interests. Access to justice is an important aspect of due process, the absence of which makes in-existent the discussion for respecting the principle of due legal process. This principle is one of the European Convention of Human Rights elements of the article 6 and it is specifically interpreted by the European Court of Human Rights. Albania undertook some action to reform the justice system, and some of laws are amendmented and affected even the part of access to the court. Some changes were done to the Procedural Civil Code, with the aim that the civil procedure to be easy, the time of the proceeding to be reasonable, the access to court to be easy for every citizen, the procedures to be simplified etc. In this paper there are analyzied the rights to address to the court, as part of appropriate process, cases when this right can be restricted, which is the practice followed by the domestic courts intertwining with the attitude that keeps the European Court of Human Rights, the changes that were made to the laws by Albania during these years and affects that access to the court.
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