General Judicial Rights

The right to an effective remedy before a court and the principle of fair trail are at the heart of the General Judicial Rights and their effective implementation in a modern constitution will be discussed. The recognition of the right to an effective remedy before a court (right to effective judicial protection) has become a cornerstone of all liberal constitutional states in the implementation of the rule of law and individual rights. The article highlights the importance of this right in cases of unlawful actions by the public administration, including the scope of jurisdiction, protection against various administrative actions and timely remedy. The importance of access to justice, the need for independent and impartial tribunals, and discussions on primary and secondary remedies and association litigation are addressed. Key components of the right to a fair trial include equal access to justice without discrimination, the need for an independent and impartial tribunal, and the right to a fair and public hearing. In criminal proceedings, there are additional minimum guarantees for the individual, such as the right to be informed of the charges, to prepare a defence, to be tried without undue delay, to be defended by counsel, to receive free legal assistance and not to incriminate oneself. Other features of the fair trial principle are the right to compensation for a miscarriage of justice and the right to appeal to a higher court.