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Questions of Fair Trial under the European Convention on Human Rights

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Chapter Summary

The right to a fair trial is safeguarded by Article 6 (1) of the European Convention on Human Rights in the following terms: ?In the determination of his civil rights and obligations or of any criminal charge against him. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.? One of the most controversial areas of the jurisprudence of the Court concerns the meaning of the term ?civil rights and obligations? in Article 6(1). This chapter deals with the nature and extent of the protection provided by the requirement of a ?fair hearing? in Article 6(1). One of the express requirements for a fair trial in Article 6(1) is that the competent tribunal ?must be established by law?.

Keywords: Article 6 (1); civil rights; European Convention on Human Rights; fair hearing; fair trial



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