PRINCIP JURA NOVIT CURIA U PRAKSI EVROPSKOG SUDA ZA LJUDSKA PRAVA

Abstract

In the paper, the author analyzes the application of the jura novit curia principle in the practice of the European Court of Human Rights. In the first part of the article, the author explains the meaning of the jura novit curia principle, and since this principle is not explicitly stipulated by the European Convention on Human Rights, the author finds its essence in certain articles of the Convention that she analyzes on that occasion. In the second part of the paper, the author analyzes the principle ne eat judex ultra et extra petita partium, which is a limitation of the jura novit curia maxim, pointing out the views of the European Court of Human Rights expressed in specific cases. Finally, the author presents separate opinions of the judges of the European Court of Human Rights in the case of Radomilja and others v. Croatia, which point to key problems when applying the analyzed principles in the practice of the European Court of Human Rights.