By Ola Johan Settem
This e-book specializes in an important implications of the "fair listening to" correct for engaging in civil lawsuits. It offers an intensive and important research of the case legislation of the ecu court docket of Human Rights (the Strasbourg court docket) relating to Article 6 of the eu conference on Human Rights. It places ahead a commonly appropriate framework for the research of many of the procedural matters to which the "fair listening to" correct can provide upward push, then applies that framework to debate a variety of particular procedural issues.
The booklet investigates a number of vital questions of normal scope within the context of ECHR Article 6, similar to: what's the relevance of case legislations relating to legal complaints while the "fair listening to" correct is utilized to civil court cases? How does the Strasbourg court docket really continue while comparing no matter if particular court docket lawsuits were "fair"? What are the jobs of basic ideas reminiscent of the "margin of appreciation" and proportionality during this regard?
In the next 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 publication considers particular procedural concerns comparable to: whilst needs to an oral listening to be held to ensure that civil lawsuits to be "fair"? whilst will a refusal of particular facts render civil complaints unfair? while is a civil litigant entitled to le
As such, the e-book 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 turn into extra consistent.
Offering an in-depth exam of the Strasbourg Court's case legislation concerning ECHR Article 6, this e-book could be consulted via someone drawn to basic reasonable trial rights.
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Additional 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
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. See also X. & Co. (England) LTD v. The Federal Republic of Germany (decision of the Commission 7 February 1968, App.
28 This may also 25 For examples, see Lilly France v. France paras 25–26; Crochard and six others v. France para 13; Casalta v. France paras 16–17 and other judgments concerning the communication of draft judgments to the advocate general but not to the parties to the proceedings (see Sect. 2). See € also judgments such as Ozata v. Turkey paras 38–42; Abdullah Aydin v. Turkey (No. 2) paras 29–32; Aycoban and others v. Turkey paras 26–28 (concerning the lack of an opportunity to respond to a particular type of submission to the national court) or Theraube v.
65701/ 01; 65900/01) para 48. 2 The Interpretive Method Developed by the Strasbourg Court 17 So the textual approach functions as a starting point for the interpretive exercise. We have also seen that a textual approach to the term ‘fair hearing’ does not necessarily bring us very far, as this is a rather general term. In order to gain a fuller understanding of this right, we must take into account not only the literal meaning of the term and the context of other Convention provisions, but the object and purpose of the ECHR as well.