By Ola Johan Settem
This ebook makes a speciality of crucial implications of the "fair listening to" correct for carrying out civil complaints. It offers a radical and important research of the case legislations of the eu court docket of Human Rights (the Strasbourg court docket) relating to Article 6 of the eu conference on Human Rights. It places ahead a ordinarily acceptable framework for the research of a few of the procedural matters to which the "fair listening to" correct can provide upward push, then applies that framework to debate a range of particular procedural issues.
The ebook investigates numerous very important questions of normal scope within the context of ECHR Article 6, resembling: what's the relevance of case legislation concerning felony complaints whilst the "fair listening to" correct is utilized to civil complaints? How does the Strasbourg court docket truly continue while comparing even if particular courtroom complaints were "fair"? What are the jobs of basic ideas akin to the "margin of appreciation" and proportionality during this regard?
In the following dialogue of particular procedural matters, the point of interest is at the stability that has to be struck among procedural safeguards and the pursuits of potency and financial system. The ebook considers particular procedural matters comparable to: while needs to an oral listening to be held to ensure that civil lawsuits to be "fair"? whilst will a refusal of particular facts render civil court cases unfair? while is a civil litigant entitled to le
As such, the publication not just offers present case legislations; it additionally compares numerous strands of the case legislation concerning the "fair listening to" correct, and argues that the Strasbourg Court's method of numerous pertinent concerns must develop into extra consistent.
Offering an in-depth exam of the Strasbourg Court's case legislation concerning ECHR Article 6, this ebook can be consulted through someone attracted to primary reasonable trial rights.
Read or Download Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings: With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency PDF
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