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Guarantees Of The Right To A Fair Civil Trial

Author

Listed:
  • Diana-Loredana Jalba

    (Lawyer in Bucharest Bar Association, SCA Raducan Licari Giambasu & Associates)

Abstract

In order to ensure the effective protection of human rights and provide for more than theoretical and illusory substantive rights, the need to define the right to a fair trial is emerging, along with the necessity that litigants become aware of the guarantees established by article 6 of the European Convention on Human Rights. Thus, the article aims to approach the ample issue regarding the litigants’ right to a fair civil trial in light of current legal regulations, and in particular, in light of the jurisprudence of the European Court of Human Rights. Given the fact that the right to a fair civil trial involves establishing, throughout the trial, a set of rules of procedure aimed at creating a balance between the parties in the process - the so-called guarantees of a fair trial - in her scientific pursuits, the author analyzes both explicit and implicit guarantees of fair trial, highlighting relevant European standards as well as their degree of implementation in the national (procedural) law.

Suggested Citation

  • Diana-Loredana Jalba, 2015. "Guarantees Of The Right To A Fair Civil Trial," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 4(1), pages 233-245, December.
  • Handle: RePEc:sja:journl:v:4:y:2015:i:1:p:233-245
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    File URL: http://www.businesslawconference.ro/revista/articole/an4nr1/Art.%2036%20Diana%20Jalba%20EN.pdf
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    More about this item

    Keywords

    fair trial; fundamental right; CEDO; guarantees .;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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