Echitatea procedurii judiciare – exigenţă a unui process echitabil cu valenţe multiple
The Fairness of Judicial Procedures, a Many-sided Condition of a Fair Trial

Summary/Abstract: This study, which focuses especially on the jurisprudence of the European Court of Human Rights, looks at the structure, dynamics and consequences of the fairness of the judicial procedures, one of the most important guarantees of the right to a fair trial. The sources of fairness are multiple and complex, and reach beyond the strictly judicial domain. Through its creative jurisprudence, based especially on Article 6 of the European Convention of Human Rights and the constitutional traditions of the European Communities member states, the ECHR (especially) and the European Court of Justice defined and developed the substance of fairness as a procedural guarantee. While the fairness of the judicial procedures presupposes that each party has the effective opportunity to defend its rights in court in a way that does not put it at a disadvantage, the European courts have opted in favor of a form of direct control, depending on the entire process and on the circumstances of each case. This control is meant to offset procedural missteps occurring at various stages in the trial. The control of fairness also varies depending on the nature of the case, with criminal cases triggering tighter control.

• Details
• Contents