The right to a fair trial in light of the recent ECtHR and CJEU case-law

The European Court of Human Rights (ECtHR) has been called on to adjudicate on disputes as disparate in character as the legal systems of the parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Many cases involving the right to a fair trial guaranteed by Article 6 have proved highly controversial.

This chapter will review some of the recent decisions dealing with Article 6. It will deal with both the overarching right to a fair trial provided by the Convention as well as some of the constituent elements of that right, such as the right to be judged by an impartial tribunal and the right for proceedings to be concluded within a reasonable time. The Court also has considered how Article 6 applies in an expulsion case.

This chapter also considers, in this context, two recent decisions of the Court of Justice of the European Union (CJEU) which similarly deal with the relationship between human rights protections and the European Arrest Warrant scheme. Article 6(3) contains a number of minimum requirements which must be satisfied in order for the trial process to be fair and the chapter will consider some of these.

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