By Ola Johan Settem
This booklet makes a speciality of crucial implications of the "fair listening to" correct for undertaking civil lawsuits. It presents a radical and demanding research of the case legislation of the eu court docket of Human Rights (the Strasbourg court docket) concerning Article 6 of the eu conference on Human Rights. It places ahead a normally appropriate framework for the research of many of the procedural concerns to which the "fair listening to" correct can give upward thrust, then applies that framework to debate a range of particular procedural issues.
The e-book investigates a number of very important questions of normal scope within the context of ECHR Article 6, similar to: what's the relevance of case legislation concerning legal court cases whilst the "fair listening to" correct is utilized to civil lawsuits? How does the Strasbourg court docket really continue whilst comparing no matter if particular court docket complaints were "fair"? What are the jobs of basic suggestions reminiscent of the "margin of appreciation" and proportionality during this regard?
In the following dialogue of particular procedural concerns, the point of interest is at the stability that needs to be struck among procedural safeguards and the targets of potency and economic system. The e-book considers particular procedural concerns resembling: whilst needs to an oral listening to be held to ensure that civil complaints to be "fair"? whilst will a refusal of particular facts render civil lawsuits unfair? while is a civil litigant entitled to le
As such, the e-book not just provides present case legislation; it additionally compares a number of strands of the case legislation concerning the "fair listening to" correct, and argues that the Strasbourg Court's method of numerous pertinent matters must develop into extra consistent.
Offering an in-depth exam of the Strasbourg Court's case legislations concerning ECHR Article 6, this e-book may be consulted via somebody drawn to basic reasonable trial rights.
Read Online or Download 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 PDF
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Extra info 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
22 In the context of the ‘fair trial’ provision of ECHR Article 6(1), this implies that if a party to civil proceedings has brought a complaint to the Court, and claims that the proceedings had not been conducted in accordance with the ‘fair hearing’ norm, then the Court (if the application is admissible) must conduct a critical scrutiny of a certain intensity of the national courts’ procedural decisions in order to establish whether the proceedings had been ‘fair’ according to ECHR Article 6(1).
11 As for cultural and/or religious traditions more broadly, Ishay, The History of Human Rights (2008) 16–61 argues that each of the great world religions contain humanistic elements which can be linked, in various respects, to the modern idea of fundamental human rights. 12 Universal Declaration of Human Rights (1948) GA res. 217A (III), UN Doc A/810 at 71. For an overview of the process leading to the adoption of this exact wording, see Weissbrodt/Hallendorff, ‘Travaux Preparatoires of the Fair Trial Provisions – Articles 8 to 11 – of the Universal Declaration of Human Rights’ (1999) 1069–1073.
8. There are many important links between these three principles thus deﬁned, but each serves a distinct and essential function in the interpretive exercise, also in relation to the ‘fair hearing’ right. While it is important not to lose sight of the literal meaning of the term, and the context of other Convention provisions, a proper understanding of the ‘fair hearing’ right can only be achieved by engaging in an 13 Sigurdur A. Sigurj onsson v. Iceland para 35. 2 The Interpretive Method Developed by the Strasbourg Court 19 interpretive exercise which takes these fundamental principles into account.