Individual completion of the competence gap of the jurisdictional bodies

Abstract

The gap in the competence of the jurisdictional bodies can be filled in a normative way and in an individual way. On an individual basis, it is completed by virtue of the compensatory character of the general competence. Dynamic relationships and cases may arise in the permanent regard of jurisdictional bodies do not have full competence to resolve these cases. For this reason, in any state, the compensatory character of the powers of the courts is implicitly regulated. By virtue of this character, the courts can solve certain cases that other jurisdictional bodies have refused to solve. But often this character is neglected and courts do not take into account this compensatory character by virtue of the state's positive obligation to defend fundamental human rights and freedoms. In connection with these, clear mechanisms will be proposed to establish in the state legislation the regulations regarding the compensatory nature of the jurisdiction of the courts.