Annotations to some of the latest rulings passed by the european court of human rights on the right to a „fair trial” Cover Image
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Adnotãri la unele dintre hotãrârile mai recente ale Curtii Europene a Drepturilor Omului cu privire la dreptul la un „proces echitabil”
Annotations to some of the latest rulings passed by the european court of human rights on the right to a „fair trial”

Author(s): Ion Deleanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: fair trial; separation of powers; jurisprudential revival; independence and impartiality of judges; error of law; debate advertising

Summary/Abstract: The concept of „fair trial” is a synthesis one, cumulating and articulating in an organic unity, practically, all fundamental and inherent requirements of a „just” trial. The huge diversity of procedural cases is involving various equity aspects and imperatives, and the European Court case law approaches them with subtlety and usually with complete rigor. The variety of inequity cases, also within the framework of different legal and judicial domestic systems, agists acquisition and implementation of European court statements rationally, appropriately, pro rata and, if need be, even creatively, not altering though essence or distorting purpose thereof. We assume that some of the latest European court rulings justify a similar way of thinking and acting within the „margin of appreciation”, legislative and jurisprudential.

  • Issue Year: 2011
  • Issue No: 05
  • Page Range: 29-48
  • Page Count: 20
  • Language: Romanian