The Right to a Fair Trial: Article 6 of the European Convention on Human Rights

European Monographs Volume 87

The right to a fair trial is a basic principle of the rule of law in
democratic societies, securing the right to a proper administration of
justice. What makes the European Convention on Human Rights (ECHR) special in
comparison with other international instruments is the possibility granted to
any individual to file a complaint with the European Court of Human Rights
(ECtHR). ECtHR cases are imbued with a ‘preventive’ impact: judges, courts,
and tribunals in Signatory States to the ECHR are required to take into
consideration Article 6 and the ECtHR’s case law when handling and deciding
cases. The copious case law of the ECtHR has led to an expansion of the number
of specific rights deserving protection under the general category of the
right to a fair trial, thus greatly enhancing the fundamental human rights
that are listed in almost all international conventions and numerous state
constitutions.

This book focuses on the right to a fair trial as set forth in the ECHR and
examines the guarantees provided by Article 6 both in civil and in criminal
proceedings. Its coverage is wide-ranging but incisive, and includes such
issues and topics as the following:

• meaning of ‘civil right’ and ‘criminal charge’;
  

• disputes related to specific areas such as education, employment, and taxation;
  

• applicability to administrative proceedings, military courts, arbitrations,
  international tribunals, and ‘hybrid’ courts;
  

• legal aid;
  

• immunity;
  

• admissibility and assessment of evidence;
  

• right to a decision within a reasonable time;
  

• standing before the Court of Justice of the European Union (CJEU);
  

• right to the free assistance of an interpreter;
  

• individual case conflicts and possible resolutions;
  

• procedure before the hearing takes place; and
  

• use of modern technology.
  

Numerous full paragraphs of important ECtHR decisions are included in the
text, setting at the reader’s disposal relevant passages and reducing research
time. The authors also provide two schemes recommending steps that domestic
courts should follow to keep the process within the boundaries of a fair trial.