THE RIGHT TO A FAIR TRIAL

Dragos Chilea
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Dragos Chilea: Associate professor PhD, "Petru Maior" University of Tirgu-Mures, Faculty of Economics, Law and Administrative Sciences, ROMANIA

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2010, vol. 42, 29-50

Abstract: In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The right to fair trial is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict quashed. The right to a fair trial is explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. The right to a fair trial is an ancient one and is synonymous with the trial process itself. It would be nonsense to speak of the permissibility of an unfair trial. After centuries of implementation in practice, the right to a fair trial, which was finally codified in the international human rights instruments following World War II, is now universally recognized.

Keywords: right to a fair trail; ECHR; art.6; rule of law; justice (search for similar items in EconPapers)
JEL-codes: K00 K10 (search for similar items in EconPapers)
Date: 2010
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