The length of civil and criminal proceedings in the case-law of the European Court of Human Rights (Human Rights Files No. 16).


Book Description

Article 6 of the European Convention on Human Rights lays down as one of the guarantees of a fair trial the requirement that proceedings should take place within a "reasonable time".In terms of numbers, this consideration alone has been the subject of almost one-third of the judgments delivered by the Court since 1 968. Much can be learnt from the wealth of case-law produced, founded on a wide interpretation of the procedures that are subject to this need for rapidity.In terms of quality, the right to a reasonable time-limit in legal proceedings is an original and fundamental element of the Convention and its supervisory mechanism. By creating a genuine right for the public to have cases heard within a reasonable time, and by imposing sanctions on states which fail to observe this condition, the European human rights protection system has played a decisive role in fighting against the sometimes excessive time required to obtain justice on the European continent.In addition, the European Court of Human Rights has obliged member states to set up, within their internal legal systems, public to bringactions against infringements of this right, defining at both European and national level what constitutes a delay which may be unreasonable and thus subject to sanction.The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. It also constitutes a useful resource for the implementation of the European Convention on Human Rights in the signatory states. Frédéric Edel.




Human rights and criminal procedure


Book Description

A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.







Can Excessive Length of Proceedings be Remedied?


Book Description

This publication contains a report adopted by the European Commission for Democracy through Law (Venice Commission) at its 69th Plenary Session in December 2006 regarding effective remedies to reduce the excessive length of court cases, drawing on an up-to-date inventory of the existing legislation of the 47 Council of Europe member states, a guide to relevant case law of the European Court of Human Rights and the assessment of the Venice Commission on effective remedies. It includes the questionnaire which served as the basis for the study, along with the replies from the member states and a number of reports presented at an international conference on the topic held in Bucharest in April 2006.




Human Rights in the Council of Europe and the European Union


Book Description

Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.




The Participants in the Trial


Book Description

Opening speech - Guy De Vel.




The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights


Book Description

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.