Communicated on 11 January 2021
Published on 1 February 2021
SECOND SECTION
Applications nos. 59134/16 and 10385/17
Tatjana PETRUŠIĆ against Serbia
and IVICA PETROVIĆ and Others against Serbia
lodged on 3 October 2016
SUBJECT MATTER OF THE CASE
The present applications concern the applicants’ complaint that the fact that they could not be reimbursed for costs of their legal representation incurred in the proceedings before the Constitutional Court, whereby their constitutional appeals have been successfully pursued, amounted to a disproportionate limitation of their right to a fair trial guaranteed under Articles 6 § 1 of the Convention.
QUESTIONS TO THE PARTIES
1. Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the applicants’ right of access to court unduly restricted in view of the Constitutional Court’s finding, referring to its earlier lead decision Už – 633/2011, that the appellants had to bear the costs of their legal representation before the Constitutional Court, respectively, even though their constitutional appeals were accepted? If so, did the restriction pursue a legitimate aim of ensuring the proper administration of justice and protecting the rights of others? If so, was the restriction proportionate to the legitimate aim pursued?
2. Having regard to the wording of Article 6 of the Constitutional Court Act (Zakon o Ustavnom sudu, published in OG RS nos. 109/07, 99/2011, 18/13 – decisions nos. 40/15 and 103/15 of the Constitutional Court), the Government are invited to submit the case-law of the Constitutional Court in respect of the claims for reimbursement of costs and expenses incurred before it when an appellant has appointed a lawyer to represent him/her/it while pursuing a constitutional appeal.
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