By Ola Johan Settem
This booklet specializes in crucial implications of the "fair listening to" correct for accomplishing civil court cases. It offers a radical and demanding research of the case legislations of the ecu court docket of Human Rights (the Strasbourg court docket) relating to Article 6 of the eu conference on Human Rights. It places ahead a more often than not appropriate framework for the research of a number of the procedural matters to which the "fair listening to" correct can give upward push, then applies that framework to debate a range of particular procedural issues.
The publication investigates a number of vital questions of normal scope within the context of ECHR Article 6, comparable to: what's the relevance of case legislations relating to legal court cases whilst the "fair listening to" correct is utilized to civil lawsuits? How does the Strasbourg court docket really continue whilst comparing no matter if particular courtroom court cases were "fair"? What are the jobs of basic options akin to the "margin of appreciation" and proportionality during this regard?
In the next dialogue of particular procedural concerns, the point of interest is at the stability that has to be struck among procedural safeguards and the ambitions of potency and financial system. The ebook considers particular procedural concerns similar to: whilst needs to an oral listening to be held to ensure that civil complaints to be "fair"? while will a refusal of particular proof render civil complaints unfair? while is a civil litigant entitled to le
As such, the ebook not just offers present case legislations; it additionally compares quite a few strands of the case legislations concerning the "fair listening to" correct, and argues that the Strasbourg Court's method of a number of pertinent concerns must develop into extra consistent.
Offering an in-depth exam of the Strasbourg Court's case legislations concerning ECHR Article 6, this ebook might be consulted through somebody attracted to basic reasonable trial rights.
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Extra info for 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
22 In the context of the ‘fair trial’ provision of ECHR Article 6(1), this implies that if a party to civil proceedings has brought a complaint to the Court, and claims that the proceedings had not been conducted in accordance with the ‘fair hearing’ norm, then the Court (if the application is admissible) must conduct a critical scrutiny of a certain intensity of the national courts’ procedural decisions in order to establish whether the proceedings had been ‘fair’ according to ECHR Article 6(1).
Methodological Problems with Weights, Scales and Proportions’ (2007) 251 ff. , Barak, ‘Proportionality and Principled Balancing’ (2010); Alexy, ‘The Construction of Constitutional Rights’ (2010); Kumm, ‘The Idea of Socratic Contestation and the Right to Justiﬁcation: The Point of Rights-Based Proportionality Review’ (2010). 28 3 Methodological Issues recognize that ‘interferences’ with the respective rights may be justiﬁable in order to promote important public interests, such as national security, prevention of crime, the economic well-being of the nation, and so on.
7 For an illustrative example of the literal meaning of a term as the starting point for the interpretive exercise, see Luedicke, Belkacem and Koc v. Germany para 40, where the Strasbourg Court has recourse to dictionaries of the French and English languages in order to attribute a literal meaning to the term ‘free’ in ECHR Article 6(3)(e). The interpretive exercise does not end there, as the Strasbourg Court proceeds to take the context and the object and purpose of the ECHR into account, but the literal meaning of the term ‘free’ functions as an important starting point for the interpretive exercise.