By Ola Johan Settem
This ebook specializes in an important implications of the "fair listening to" correct for undertaking civil lawsuits. It offers a radical and demanding research of the case legislation of the eu courtroom of Human Rights (the Strasbourg courtroom) concerning Article 6 of the ecu conference on Human Rights. It places ahead a quite often acceptable framework for the research of a number 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 publication investigates numerous very important questions of normal scope within the context of ECHR Article 6, equivalent to: what's the relevance of case legislations relating to felony complaints whilst the "fair listening to" correct is utilized to civil complaints? How does the Strasbourg court docket truly continue whilst comparing even if particular courtroom lawsuits were "fair"? What are the jobs of basic options resembling the "margin of appreciation" and proportionality during this regard?
In the following dialogue of particular procedural concerns, the focal point is at the stability that has to be struck among procedural safeguards and the targets of potency and economic climate. The e-book considers particular procedural matters 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 lawsuits unfair? while is a civil litigant entitled to le
As such, the booklet not just provides present case legislations; it additionally compares quite a few strands of the case legislation concerning the "fair listening to" correct, and argues that the Strasbourg Court's method of a variety of pertinent matters must turn into extra consistent.
Offering an in-depth exam of the Strasbourg Court's case legislation concerning ECHR Article 6, this ebook may be consulted through somebody attracted to primary reasonable trial rights.
Read 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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Additional 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
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