Implementation of the Right to Fair Trial in the Enforcement Procedure

Abstract

The right to a fair trial is a fundamental right that everyone has an idea of, but we cannot fully define the concept of fairness or grasp its entire meaning. On the other hand, the desire for everyone to be fair – whatever the word means – is certainly admirable and worthy of respect, especially when the actions of a person authorized to exercise some power are unavoidable.

The individual’s feeling of injustice can be a direct result of any form of legal enforcement, and if the desired result of legal enforcement does not occur, the institution of legal remedy can provide a second chance.

Obviously, not all legal remedies can necessarily mean that any legal violation can be fully resolved, since legal remedies may serve other interests, even delay the proceedings. The background, subject matter and decision of the legal remedy are the result of human activity, and as such, it has imperfections, so its continuous examination and development may be worthwhile.

In this study I present the only substantive form of legal remedy that can be submitted against the juditial officer’s action in the enforcement procedure, the enforcement objection, in the light of fair trial.