European Convention of Human Rights Analysis

The right to a fair trial has a vital importance in the European Convention of Human Rights, due to the fact of the huge number of applications and its jurisprudence. Fair trial is the pillar concerning the rule of law and a part of the common heritage, in civil and criminal cases in a democratic society. Article 6 allow individuals to have fair proceedings in criminal cases, and to award damages in civil cases. Furthermore, most states in Europe developed their domestic law, in order to comply with the provisions of Article 6. However, there is a concern whether Article 6 should remain restricted to cases involving a “criminal charge” and “civil rights and obligations” as interpreted in the current case law, or not, or whether it could expanded to other areas of law such as commercial e.t.c. Problems arise due to the limitations of the Article 6, in relation to civil and criminal cases such as lengthy proceedings and protection only of violations of the states.

The first issue that need to be considered is the “fourth instance” doctrine. In relation to this doctrine, the question arises of how close the European Court will control the operation of the national courts. The Strasbourg court follows this doctrine and will not involved to question the procedure that the national court had taken a decision. Domestic courts of the states are free to create a framework of rules to reach a final decision as long as there was a fair trial. Thus, the ECJ will be unwilling to disapprove a decision of a national court of a member state. Furthermore, in criminal cases the interpretation of Article 6 is much more complicated due to the fact of the existence of many differences between the common law and civil law of the criminal just...

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... of disputes are subject to Article 6 but not all disputes between the individual and the state fall within Article 6, as well as other areas of law. Commission recognizes the need for change especially in criminal proceedings as well as civil rights and obligations and already tries to set common EU standards in all criminal proceedings.

Works Cited

Harris David John, “Article 6: the right to a fair trial”, p.??

ibid

Jacobs white & ovey, The European Convention on Human Rights, 5th ed. Oxford University Press p.276

X v FRG [1957] No 254/57, 1 YB 150 at 152.

X and Y v Netherlands [1985] A91at para 29 .

Harris David John, “Article 6: the right to a fair trial”, p.??

Winterwerp v Netherlands [1979] A33 at para 46.

Crombag, in de White and Forder, eds, The Common Law of Europe and the Future of Legal Education, 1992 at p.397