Effective legal protection and judicial control
|
AP 1785/06 Maktouf |
20070330 |
|
AP 5/06 Ministry of RS |
20060314 |
|
U 19/00 Kemokop et al. |
20010504 |
|
U 3/99 H. D. |
20000317 |
|
U 62/01 Pjanić |
20020405 |
The principle of a legal state also includes an obligation of the state to provide effective legal protection against the acts of public authority and in providing this protection a state may need the assistance of an independent judiciary. Therefore, the courts should have a possibility of reviewing an alleged violation of rights both in legal and factual meaning.332 The principle of a legal state obliges the courts to provide thorough reasons for their decisions, as that enables rationality and a possibility to control state decisions.333 The obligation to provide reasons for courts’ decisions gives an opportunity to any injured party to effectively exercise his rights of appeal.334 An obligation of providing reasons serves the purpose of democratic legitimacy, particularly in regards to admissibility and transparency of state decisions.335
Footnotes
U 19/00, paragraph 30 et seq.
Meinz/Zippelius, 1994, p. 98.
U 62/01, paragraph 19.
Meinz/Zippelius, 1994, Ibid.