Repeated trial due to decision of the European court of Human Rights

Abstract

This paper first deal with the adoption of European Convention on Human Rights and its importance and impact on national legislature, especially on the Law on Civil Procedure. The main focus in this paper is on the specific reason for repeating trial in which final and binding judgment is passed. Based on the Law on Civil Procedure, the decision of the European Court of Human Rights may be the basis for filing this extraordinary legal remedy. The party may use this opportunity if the European Court of Human Rights has found breach of human right, and this may result in a more favorable decision by national courts.

Keywords

• european convention on human rights
• the european court of human rights
• serbian law on civil procedure
• repeated trial in civil proceedings