The evolutive interpretation of the European Convention of Human Rights and the development of the right to a fair trial
The evolutive interpretation of the European Convention of Human Rights and the development of the right to a fair trial
Author(s): Radu CiobanuSubject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Editura Hamangiu S.R.L.
Keywords: evolutive interpretation; the doctrine of the living instrument; the right to a fair trial;
Summary/Abstract: This study aims to analyze the doctrine of evolutive interpretation of the European Convention of Human Rights (the doctrine of the "living instrument"), as well as how this doctrine has helped the development of the right to a fair trial, as guaranteed by article 6 of the European Convention of Human Rights.We aim to identify the sources of this doctrine, its evolution over time and the current qualification of the institution. Also, in the content of the article, we will try to highlight the importance of the evolutive interpretation of the European Convention, as well as the legitimacy of this instrument of interpretation.The analysis regarding the right to a fair trial focuses mainly on the evolution of the guarantees that compose this right, while providing the basic notions needed to develop this subject.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: VIII/2020
- Issue No: VIII
- Page Range: 331-338
- Page Count: 8
- Language: English