The Concept Of Equality Of Arms In Criminal Proceedings Under Article 6 Of The European Convention On Human Rights
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The Principle Of Equality Of Arms In Criminal Procedure Under Article 6 Of The European Convention On Human Rights And Its Functions In Criminal Justice Of Selected European Countries
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Author : Malgorzata Wasek-Wiaderek (Auteur)
language : en
Publisher: Leuven University Press
Release Date : 2000
The Principle Of Equality Of Arms In Criminal Procedure Under Article 6 Of The European Convention On Human Rights And Its Functions In Criminal Justice Of Selected European Countries written by Malgorzata Wasek-Wiaderek (Auteur) and has been published by Leuven University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.
The Concept Of Equality Of Arms In Criminal Proceedings Under Article 6 Of The European Convention On Human Rights
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Author : Omkar Sidhu
language : en
Publisher:
Release Date : 2017
The Concept Of Equality Of Arms In Criminal Proceedings Under Article 6 Of The European Convention On Human Rights written by Omkar Sidhu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background to Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight into equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and in international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The book argues that the most important of these constituent elements--the requirement of 'disadvantage'--is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the book's survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance. The end result is a book for both scholars and practitioners that will not only forge an enhanced general understanding of procedural fairness safeguards and standards, including from a historical perspective, but also provoke, more specifically, new reflection on the concept of equality of arms.
The Principle Of Equality Of Arms In Criminal Procedure Under Article 6 Of The European Convention On Human Rights
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Author :
language : en
Publisher:
Release Date : 2000
The Principle Of Equality Of Arms In Criminal Procedure Under Article 6 Of The European Convention On Human Rights written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
The Guarantees For Accused Persons Under Article 6 Of The European Convention On Human Rights
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Author : Stephanos Stavros
language : en
Publisher: BRILL
Release Date : 2021-09-27
The Guarantees For Accused Persons Under Article 6 Of The European Convention On Human Rights written by Stephanos Stavros and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.
The Concept Of Equality Of Arms In Criminal Proceedings Under Article 6 Of The European Convention On Human Rights
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Author : Omkar Sidhu
language : en
Publisher:
Release Date : 2017
The Concept Of Equality Of Arms In Criminal Proceedings Under Article 6 Of The European Convention On Human Rights written by Omkar Sidhu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
Resumen: 1. A Background for Article 6 - 2. Equality of Arms - 3. Equality of Arms and the Right to Challenge and Call Witness Evidence - 4. Equality of Arms and the Right to Adequate Time and Facilities.
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 Development Of International Law By The European Court Of Human Rights
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Author : J. G. Merrills
language : en
Publisher: Manchester University Press
Release Date : 1993
The Development Of International Law By The European Court Of Human Rights written by J. G. Merrills and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Civil rights categories.
The rule of law.
Equality Of Arms
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Author : Abdul Azeez H.
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2013
Equality Of Arms written by Abdul Azeez H. and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This book analyzes the extent of application of the principle of equality of arms as evolved by the jurisprudence of European Court of Human Rights as an effective mechanism of fair trial guarantee under the European Convention on Human Rights on a comparative perspective with that of India. It identifies, in the light of Convention, Constitutional provisions, legislative framework and the analysis of case law that India has been effectively applying the principle of 'equality of arms' in criminal trials. More particularly, the book examines procedural protection guaranteed of the rights of the accused to defend his side on par with that of prosecution between these two legal systems, viz., national in the case of India and super national in the case of European Court of Human Rights. The enthusiasm for the application of the procedural equality by India has not been found with the European Court of Human Rights until recently.
Fair Trials
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Author : Sarah J Summers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-08-10
Fair Trials written by Sarah J Summers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-10 with Law categories.
The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.
Human Rights In The Council Of Europe And The European Union
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Author : Steven Greer
language : en
Publisher: Cambridge University Press
Release Date : 2018-03-29
Human Rights In The Council Of Europe And The European Union written by Steven Greer 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 2018-03-29 with Law categories.
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
