Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) - download pdf or read online

By Ola Johan Settem

ISBN-10: 3319248812

ISBN-13: 9783319248813

ISBN-10: 3319248839

ISBN-13: 9783319248837

This e-book makes a speciality of an important implications of the "fair listening to" correct for accomplishing civil court cases. It offers an intensive and significant research of the case legislation of the ecu court docket of Human Rights (the Strasbourg courtroom) relating to Article 6 of the ecu conference on Human Rights. It places ahead a more often than not appropriate framework for the research of some of the procedural matters to which the "fair listening to" correct can give upward push, then applies that framework to debate a range of particular procedural issues.

The e-book investigates a number of vital questions of common scope within the context of ECHR Article 6, corresponding to: what's the relevance of case legislations relating to felony lawsuits whilst the "fair listening to" correct is utilized to civil complaints? How does the Strasbourg court docket truly continue while comparing even if particular courtroom court cases were "fair"? What are the jobs of basic options comparable to the "margin of appreciation" and proportionality during this regard?

In the next dialogue of particular procedural matters, the point of interest is at the stability that needs to be struck among procedural safeguards and the targets of potency and financial system. The ebook considers particular procedural matters similar to: while needs to an oral listening to be held to ensure that civil court cases to be "fair"? whilst will a refusal of particular proof render civil court cases unfair? whilst is a civil litigant entitled to le

gal aid?

As such, the ebook not just provides present case legislation; it additionally compares quite a few strands of the case legislation in regards to the "fair listening to" correct, and argues that the Strasbourg Court's method of a number of pertinent concerns must turn into extra consistent.

Offering an in-depth exam of the Strasbourg Court's case legislations relating to ECHR Article 6, this publication can be consulted through someone drawn to basic reasonable trial rights.

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Extra resources for Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings: With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency

Example text

S. 4 Among those rights which were held to be sufficiently fundamental as a check on arbitrary government power to merit inclusion in the Bill of Rights, we find, in the 5th Amendment, the right not to be deprived of ‘life, liberty or property without due process of law’. 5 The ‘due process’ clause has been found to include both ‘procedural’ and ‘substantive’ aspects,6 but only the former aspects are of interest here. The right to procedural due process applies to both civil and purely administrative proceedings, as well as to criminal proceedings.

Bulgaria judgment: The Court, while attentive of the need to interpret the Convention in such a manner as to allow the States Parties to comply with their international obligations, must nevertheless in 29 See Christine Goodwin v. The United Kingdom [GC] para 85. X. v. Austria (decision of the Commission 3 April 1967, App. No. 2676/65) [PS] (concerning criminal proceedings). In X. v. Denmark (decision of the Commission 14 December 1965, App. No. 2518/65) [PS] (concerning criminal proceedings), the Commission emphasized that the practice contested by the applicant, namely that information of previous convictions is given to the court during a criminal trial, was common-place in a number of contracting states.

7 The Substantive Aspect of the ‘Fair Balance’ Principle When the rights enshrined in the ECHR are understood broadly, they may come into tension with each other, necessitating that a ‘balance’ of some sort is struck between them. For example, the Strasbourg Court has found that the rights of the ECHR can give rise to positive obligations on the part of the contracting states (see Sect. 2). This implies that in some situations, the protection of the rights of one person will entail an interference with the rights of another person.

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Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings: With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency by Ola Johan Settem


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