Implications of the Right to a Fair Trial and Casuistry of the European Court of Human Rights
Keywords:
fair trial, European Court of Human Rights, equality of arms, adversarialAbstract
Doctrinal foundations of the European Court of Human Rights, through the fundamental importance of the rule of law and the existence of a democratic society, concretize the right to a fair trial, which is purely procedural in nature, that is not numerus clausus, so according to that, the aspects of creating a new law through the casuistry of the European Court gain importance more and more. Conceptually determined fair trial in itself sublimates a great number of rights which can be divided in distinctive ways, and through the form of independent procedure-legal guarantees can be expanded, not only to the guarantees which are exclusively proclaimed by Art. 6 of the EC, but also beyond. Accordingly, it is necessary to consider the casuistry of the European Court of Human Rights through the critical tone of argumentation and to allocate specific principles of fair trial, which is an abstract concept, as well as to analyze the following issues: Firstly, a fair trial as an universal international standard; Secondly, the implicit right to a fair trial; casuistry of the European Court of Human Rights in cases of violations of fair trial.
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