THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW
Access to justice is a core fundamental right and a central concept in the broader field of justice. The case-law of the European Court of Human Rights on Article 6 is a complex body of rules. Article 6 of the Convention was inspired by Article 10 and 11(1) of the Universal Declaration of Human righ...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2014-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=03_public_law%2F&download=CKS+2014_public_law_art.026.pdf |
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| _version_ | 1846146510288322560 |
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| author | Elena ANDREEVSKA |
| author_facet | Elena ANDREEVSKA |
| author_sort | Elena ANDREEVSKA |
| collection | DOAJ |
| description | Access to justice is a core fundamental right and a central concept in the broader field of justice. The case-law of the European Court of Human Rights on Article 6 is a complex body of rules. Article 6 of the Convention was inspired by Article 10 and 11(1) of the Universal Declaration of Human rights of 1948. It has also its counterpart – with minor differences in Article 14 of the International Covenant on Civil and Political Rights on 1966. Article 6, which guarantees the right to fair trial, occupies a central place in the system of the Convention. it is a generally agreed that this provision is the most frequently cited one of the Convention, both at the national and international levels. This Article contains a variety of rights which are all related to the good administration of justice, not only criminal, but also in the civil and administrative matters. The ‘independent and impartial tribunal established by law’ is one of textual elements of the Fair Trial Right, as long as it has direct and explicit expression in the text of Convention. Even in simple logical way it can be considered as a suite of requirements referring to 1) the notion of tribunal 2) its attribute of being established by law 3) being independent and 4) being impartial. |
| format | Article |
| id | doaj-art-463aa7817e844dae882173b5902ad3e9 |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2014-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-463aa7817e844dae882173b5902ad3e92024-12-02T02:51:45ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962014-05-0141236246THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAWElena ANDREEVSKA0Professor, Faculty of Public Administration and Political Science, South East European University, Tetovo (e-mail: e.andreevska@seeu.edu.mk)Access to justice is a core fundamental right and a central concept in the broader field of justice. The case-law of the European Court of Human Rights on Article 6 is a complex body of rules. Article 6 of the Convention was inspired by Article 10 and 11(1) of the Universal Declaration of Human rights of 1948. It has also its counterpart – with minor differences in Article 14 of the International Covenant on Civil and Political Rights on 1966. Article 6, which guarantees the right to fair trial, occupies a central place in the system of the Convention. it is a generally agreed that this provision is the most frequently cited one of the Convention, both at the national and international levels. This Article contains a variety of rights which are all related to the good administration of justice, not only criminal, but also in the civil and administrative matters. The ‘independent and impartial tribunal established by law’ is one of textual elements of the Fair Trial Right, as long as it has direct and explicit expression in the text of Convention. Even in simple logical way it can be considered as a suite of requirements referring to 1) the notion of tribunal 2) its attribute of being established by law 3) being independent and 4) being impartial.http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=03_public_law%2F&download=CKS+2014_public_law_art.026.pdfaccess to justicetribunalindependentimpartialapplicability. |
| spellingShingle | Elena ANDREEVSKA THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW Challenges of the Knowledge Society access to justice tribunal independent impartial applicability. |
| title | THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW |
| title_full | THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW |
| title_fullStr | THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW |
| title_full_unstemmed | THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW |
| title_short | THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW |
| title_sort | european convention on human rights and the rights related to article 6 under the echr jurisprudence indipendent and impartial tribunal established by law |
| topic | access to justice tribunal independent impartial applicability. |
| url | http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=03_public_law%2F&download=CKS+2014_public_law_art.026.pdf |
| work_keys_str_mv | AT elenaandreevska theeuropeanconventiononhumanrightsandtherightsrelatedtoarticle6undertheechrjurisprudenceindipendentandimpartialtribunalestablishedbylaw AT elenaandreevska europeanconventiononhumanrightsandtherightsrelatedtoarticle6undertheechrjurisprudenceindipendentandimpartialtribunalestablishedbylaw |