Notiunea de «Tribunal» in Lumina Curtii Europene a Drepturilor Omului - The Concept of «Court» on the Light of European Court of Human Rights (Romanian version)

Ph.D. Candidate George Eduard Roghina
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Ph.D. Candidate George Eduard Roghina: „Simion Barnutiu” Faculty of Law within „Lucian Blaga” University from Sibiu

Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, 2011, vol. 1, 261-274

Abstract: In the determination of his civil rights and obligations or of any cryminal charge against him, everyone is intitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The fairness, equitable and publicity character of the trial would not pe possible without the right to notify the Tribunal because this element is based on the preeminence of law / of the «right to a fair trial» in a democratic society. If a litigant has the possibility stated by law to notify a court in accordance to his demands, the other procedural guarantees statued by article 6 of the European Convention of Human Rights and the European Court will be fully applicable, of course if the judiciary systems of the States-Parties to the Convention are well organized. The concept of Court used by Convention has an autonomous aspect, different from national definitions, as a consequence of the need of a concept combining the typical characteristics, the specificity of legal systems from internal order of the states that signed the Convention. It results that there is no need for a classical jurisdiction: on the material plan, the court is characterized by its jurisdictional function, namely that to solve any matter within its jurisdiction, based on legal rules and following an organized procedure. In the European sense of the term: the court is a full jurisdiction judicial body, exercising a real legality control, both regarding the matters in right and in fact. In concreto this court has to be not only accessible and adequate, but also capable to decide (respectively not to renounce to the components of judgment function). The Court mentioned that the power to pronounce a mandatory judgment, that cannot be amended by a non-judicial authority to the detriment of a party, is inherent to the notion itself of court.

Keywords: court; right to a court; fair trial; preeminence of law; democratic society; human rights. (search for similar items in EconPapers)
JEL-codes: A23 K10 (search for similar items in EconPapers)
Date: 2011
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev13d:v:1:y:2011:i::p:261-274

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