Open AccessJudicial Review in Date Protection Cases in Bosnia and Herzegovina and Comparative Jurisdictions
Author(s) -
Armina Čunjalo,
Zlatan Omerspahić
Publication year - 2021
Publication title -
društvene i humanističke studije
Language(s) - English
Resource type - Journals
eISSN - 2490-3647
pISSN - 2490-3604
DOI - 10.51558/2490-3647.2021.6.2.181
Subject(s) - political science , legislation , law , judicial review , safeguard , european union , data protection act 1998 , business , international trade
The paper analyses the issue of judicial review in personal data protection proceedings. The subject of analyses is a procedural safeguard and other peculiarities of the administrative dispute and the standard of administrative law protection in the mentioned proceedings and the role of the Court of BiH. A comparative legal analysis of administrative-legal protection in the same disputes within Croatia and Slovenia is conducted, together with the relevant legal framework of the European Union. The comparative legal analysis aims to determine the extent to which the domestic model of administrative-legal protection and legal standards of judicial protection is compatible with the solutions adopted across Europe. It draws attention to problematic and controversial solutions to domestic legislation. In conclusion, the authors propose several regulatory solutions which would bring improvements to the current system of judicial protection in domestic law.