RULES OF EVIDENCE AT EUROPEAN COURT OF HUMAN RIGHTS

Petru Balan
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Petru Balan: University of the Academy of Sciences of Moldova

Contemporary Legal Institutions, 2014, vol. 6, issue 1, 174-185

Abstract: The requirements for the proofs and the dividing of the burden of proof between the parties have some particularities in the case examination procedure at the European Court of Human Rights. It is important to mention that the European Court of Human Rights gave up copying the rules of fact finding and the evidence procedures from the national judicial systems of the member-states of the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, the Court prefers other requirements for the proofs than those which are usually used in the national law systems. The Court applies its own rules of proof assessment and fact finding procedure. The present study’s object is the analysis of the rules of proof assessment and the fact finding at the European Court of Human Rights.

Keywords: proof; case law; evidence; fact finding; application; admissibility (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:rau:clieui:v:6:y:2014:i:1:p:174-185

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