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The right to a fair trial is a basic principle of the rule of law in democratic societies, securing the right to a proper administration of justice.
What makes the European Convention on Human Rights (ECHR) special in comparison with other international instruments is the possibility granted to any individual to file a complaint with the European Court of Human Rights (ECtHR). ECtHR cases are imbued with a ‘preventive’ impact: judges, courts, and tribunals in Signatory States to the ECHR are required to take into consideration Article 6 and the ECtHR’s case law when handling and deciding cases.
The copious case law of the ECtHR has led to an expansion of the number of specific rights deserving protection under the general category of the right to a fair trial, thus greatly enhancing the fundamental human rights that are listed in almost all international conventions and numerous state constitutions.
This book focuses on the right to a fair trial as set forth in the ECHR and examines the guarantees provided by Article 6 both in civil and in criminal proceedings. Its coverage is wide-ranging but incisive, and includes such issues and topics as the following:-