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

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Abstract

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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Notes

  1. Pichugin v Russia, no. 38623/03, ECHR 23 October 2012

  2. Al-Khawaja and Tahery v United Kingdom [GC], nos. 26766/05, 22228/06, ECHR 2011.

  3. Othman (Abu Qatada) v United Kingdom, no. 8139/09, ECHR 2012.

  4. Moiseyev v Russia, no. 62936/00, ECHR 9 October 2008

  5. Hanif and Khan v the United Kingdom, nos. 52999/08 and 61779/08, ECHR 20 December 2011.

  6. Scoppola v. Italy (No. 2) [GC], no. 10249/03, ECHR 17 September 2009.

  7. Taxquet v Belgium [GC], no. 926/05, ECHR 2010.

  8. Judge v The United Kingdom, no. 35863/10 (dec.), ECHR 2011.

  9. Natunen v Finland, no. 21022/04 [GC], ECHR 2009.

  10. Rupa v Romania (no. 1), no. 58478/00, ECHR 16 December 2008.

  11. Supra, note 2.

  12. [2009] UKSC 14 RH 964.

  13. Case C-396/11 Radu, judgement of 29 January 2013 (not yet published).

  14. OJ L 190, 18.7.2002, pp. 1–20.

  15. Case C-399/11 Melloni, Judgement of 26 February 2013 (not yet published).

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  1. Peters and Peters LLP, 15 Fetter Lane, London, EC4A 1BW, UK

    Anand Doobay

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  1. Anand Doobay
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Correspondence to Anand Doobay.

Additional information

This article is based on a presentation given at the conference Recent Jurisprudence of the European Court of Human Rights in the Area of Criminal Law organised by ERA on 13–14 November 2012 in Strasbourg.

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Doobay, A. The right to a fair trial in light of the recent ECtHR and CJEU case-law. ERA Forum 14, 251–262 (2013). https://doi.org/10.1007/s12027-013-0300-5

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