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By John Tillotson

Text, instances and fabrics on ecu Union Law offers scholars with a transparent and entire consultant to the most constitutional, institutional and sizeable gains of european legislations.

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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.

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