Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) by Ola Johan Settem

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By Ola Johan Settem

This booklet makes a speciality of an important implications of the "fair listening to" correct for carrying out civil complaints. It presents a radical and demanding research of the case legislation of the ecu court docket of Human Rights (the Strasbourg courtroom) relating to Article 6 of the eu conference on Human Rights. It places ahead a in general acceptable framework for the research of a few of the procedural concerns to which the "fair listening to" correct can give upward thrust, then applies that framework to debate a variety of particular procedural issues.

The publication investigates a number of vital questions of normal scope within the context of ECHR Article 6, comparable to: what's the relevance of case legislation relating to legal complaints whilst the "fair listening to" correct is utilized to civil lawsuits? How does the Strasbourg court docket really continue while comparing no matter if particular courtroom court cases were "fair"? What are the jobs of primary strategies equivalent to the "margin of appreciation" and proportionality during this regard?

In the next dialogue of particular procedural matters, the focal point is at the stability that needs to be struck among procedural safeguards and the ambitions of potency and economic climate. The e-book considers particular procedural concerns corresponding to: whilst needs to an oral listening to be held to ensure that civil lawsuits to be "fair"? while will a refusal of particular facts render civil lawsuits unfair? whilst is a civil litigant entitled to le

gal aid?

As such, the ebook not just offers present case legislations; it additionally compares numerous strands of the case legislations in regards to the "fair listening to" correct, and argues that the Strasbourg Court's method of a variety of pertinent concerns must develop into extra consistent.

Offering an in-depth exam of the Strasbourg Court's case legislation concerning ECHR Article 6, this e-book can be consulted by means of an individual 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

Russia para 34. 36 Killander, ‘Interpreting Regional Human Rights Treaties’ (2010) 154 considers regional human rights tribunals’ recourse to each other’s case law as exemplifying the ideal of ‘universalism’ and as an example that ‘judicial dialogue’ is a part of the international human rights discourse. He also proposes that the role of other tribunals’ decisions ‘should be limited to the persuasive value of the reasoning’. 37 As regards the EU Charter, the ECJ has emphasized, in Case C-199/11 Otis NV and others (judgment of 6 November 2012) para 47, that ‘Article 47 of the Charter secures in EU law the 34 26 3 Methodological Issues law concerning the ‘fair hearing’ right, and in view of the limited use the Court actually makes of the comparative approach in its case law concerning this right, the focus will anyway be on the Court’s own case law.

40 However that may be, the ‘balance’ metaphor and the related principle of ‘fair balance’ form an integrated part of the interpretive method developed by the Court to elaborate the ECHR rights, and will be made use of also in this work. Another matter is that it is pertinent, in light of the aim of this work, to examine whether, and in what ways, the fundamental principle of ‘fair balance’ plays out in the context of the ‘fair hearing’ right. For a great part, the main chapters of this work are devoted to an analysis of this issue.

This is the United Nations Human Rights Committee (henceforth referred to as the HRC). 14 When the European Union adopted its Charter of Fundamental Rights (the EU Charter, which is interpreted and applied by the European Court of Justice, henceforth referred to as the ECJ), the right to a fair trial was included in this charter as well. 15 The right to a fair trial in civil and criminal matters has also been enshrined in various national constitutions after World War II, a development which parallels the emphasis on ‘fair trial’ rights in international human rights treaties.

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