CURRENT ASPECTS OF BAIL IN THE LIGHT OF FREE ACCESS TO JUSTICE
CURRENT ASPECTS OF BAIL IN THE LIGHT OF FREE ACCESS TO JUSTICE

Summary/Abstract: In the light of civil procedural law, an important place is occupied by the posting of a bond at the disposal of the court for the purpose of suspending enforcement, as a guarantee of the debtor's fulfilment of the obligation contained in the enforceable title. This study addresses the incidence of the right to a fair trial - in the form of free access to justice (as protected by Article 6 of the E.C.H.R.) - in the hypothesis of the imposition of an obligation to pay a security in an extremely high amount. Among the issues addressed are the possibility of granting exemptions, reductions and staggering of the amount of the deposit, the violation of the principles of fairness and equality of rights of the parties by exempting public institutions and authorities from the obligation to deposit bail in order to suspend enforcement, as seen in the light of domestic case law and the case law of the European Court of Human Rights.

• Details
• Contents