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Some Aspects of the Right to a Fair Trial from the Perspective of the European Convention on Human Rights

Silviu-Stefan Petriman ()
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Silviu-Stefan Petriman: Trainee lawyer Bucharest Bar, Bucharest, Romania

No 028PS, Working papers from Research Association for Interdisciplinary Studies

Abstract: The European Convention through Article 6 establishes a fundamental principle for a democratic society and a rule of law. The right to a fair trial is applicable both in civil matters and in criminal matters, where the rights, freedoms and legitimate interests of the justiciable must be guaranteed. This right must be respected by all the judicial bodies, because by violating it or ignoring it, serious damages can be brought about the person's freedom, access to justice, equality of arms, the right not to incriminate s.a.m.d. Precisely for its importance, the right to a fair trial is considered as a pillar of support for the democratic state. In Romanian domestic law the right to a fair trial can be found in the Romanian Constitution art. 21 paragraph 3, the Code of civil procedure in art. 6, the Criminal Procedure Code art. 8, as well as in art. 6 of Law no 304/2004 on judicial organization. The right to a fair trial should not and cannot remain only at the theoretical level, but it must receive effective applicability in practice, otherwise it will remain an illusory right. But in order to be used in practice he must be well known and promoted at the same time, in order not to allow his violation.

Keywords: democracy; equality of arms; free access to justice; fundamental principle; justiciable; rule of law; the right to a fair trial (search for similar items in EconPapers)
Pages: 4 pages
Date: 2019-11
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Published in Proceedings of the 15th International RAIS Conference on Social Sciences and Humanities, November 6-7, 2019, pages 223-226

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