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Baischer v. Austria

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image of Human Rights Case Digest

Article 6, Section 1 of the Convention guaranteed a right to a public hearing by an independent and impartial tribunal established by law. According to the Court's case-law, a “tribunal” is characterised in the substantive sense of the term by its judicial function, that is to say determining matters within its competence on the basis of rules of law and after proceedings conducted in a prescribed manner. It must also satisfy a series of further requirements — independence, in particular of the executive; impartiality; duration of its members' terms of office; guarantees afforded by its procedure — several of which appear in the text of Article 6, Section 1 itself. Where a penalty is criminal in nature there must be the possibility of review by a court which satisfies the requirements of Article 6, Section 1, even though it is not inconsistent with the Convention for the prosecution and punishment of minor offences to be primarily a matter for the administrative authorities.


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