Applications Of The Fair Hearing Norm In Echr Article 6 1 To Civil Proceedings
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Applications Of The Fair Hearing Norm In Echr Article 6 1 To Civil Proceedings
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Author : Ola Johan Settem
language : en
Publisher: Springer
Release Date : 2015-12-15
Applications Of The Fair Hearing Norm In Echr Article 6 1 To Civil Proceedings written by Ola Johan Settem and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-15 with Law categories.
This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.
The Right To A Fair Trial
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Author : Piero Leanza
language : en
Publisher:
Release Date : 2014
The Right To A Fair Trial written by Piero Leanza and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
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: meaning of 'civil right' and 'criminal charge'; disputes related to specific areas such as education, employment, and taxation; applicability to administrative proceedings, military courts, arbitrations, international tribunals, and 'hybrid' courts; legal aid; immunity; admissibility and assessment of evidence; right to a decision within a reasonable time; standing before the Court of Justice of the European Union (CJEU); right to the free assistance of an interpreter; individual case conflicts and possible resolutions; procedure before the hearing takes place; and use of modern technology. Numerous full paragraphs of important ECtHR decisions are included in the text, setting at the reader's disposal relevant passages and reducing research time. The authors also provide two schemes recommending steps that domestic courts should follow to keep the process within the boundaries of a fair trial.
Human Rights And Taxation In Europe And The World
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Author : Georg Kofler
language : en
Publisher: IBFD
Release Date : 2011
Human Rights And Taxation In Europe And The World written by Georg Kofler and has been published by IBFD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Human rights categories.
Resumen del editor: "The increasing globalization and the restructuring of the European legal framework by the Treaty of Lisbon are important factors to suggest that the traditional separation of spheres between taxation and human rights should be revisited. This book examines the issues surrounding the impact of the Lisbon Treaty on the guarantee and enforcement of human rights in the area of EU (tax) law and explores the possible development and potential impact of human rights in the field of taxation in this age of global law."
Jacobs White And Ovey The European Convention On Human Rights
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Author : Bernadette Rainey
language : en
Publisher: Oxford University Press, USA
Release Date : 2021
Jacobs White And Ovey The European Convention On Human Rights written by Bernadette Rainey and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
Explores the key principles underpinning the decisions made by the European Court of Human Rights, and provides a guide to the pivotal cases in each area.
Law Policy And The Internet
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Author : Lilian Edwards
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-11-29
Law Policy And The Internet written by Lilian Edwards and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-29 with Law categories.
This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up-to-date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last 20 years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.
Arbitration And Human Rights
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Author : Toms Krūmiņš
language : en
Publisher: Springer Nature
Release Date : 2020-08-12
Arbitration And Human Rights written by Toms Krūmiņš and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-12 with Law categories.
This book presents a creative synthesis of two ostensibly disparate fields of law – arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena – exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties’ right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.
Proceedings Of Viac 2023
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Author : Group of Authors
language : en
Publisher: Czech Institute of Academic Education
Release Date : 2023-02-16
Proceedings Of Viac 2023 written by Group of Authors and has been published by Czech Institute of Academic Education this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-16 with Business & Economics categories.
International Academic Conferences: -Management, Economics and Marketing -Teaching, Learning and E-learning -Transport, Logistics, Tourism and Sport Science -Engineering, Robotics, IT and Nanotechnology
Presumption Of Innocence In Eu Anti Cartel Enforcement
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Author : Aistė Mickonytė
language : en
Publisher: BRILL
Release Date : 2018-12-03
Presumption Of Innocence In Eu Anti Cartel Enforcement written by Aistė Mickonytė and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-03 with Law categories.
In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.
Religious Courts In The Jurisprudence Of The European Court Of Human Rights
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Author : Michał Rynkowski
language : en
Publisher: BRILL
Release Date : 2019-09-02
Religious Courts In The Jurisprudence Of The European Court Of Human Rights written by Michał Rynkowski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-02 with Law categories.
In the 60 years of its existence, the European Court of Human Rights has handled only twelve cases in which a religious court was involved at stage of domestic proceedings. These cases originated from a number of European States and the Court came to various conclusions, which are presented in this book.
Effective Domestic Remedies And The European Court Of Human Rights
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Author : Michael Reiertsen
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
Effective Domestic Remedies And The European Court Of Human Rights written by Michael Reiertsen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.
The most comprehensive analysis of the right to effective domestic remedies in the European Convention on Human Rights Article 13.