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| Author | : Omkar Sidhu |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Convention for the Protection of Human Rights and Fundamental Freedoms |
| ISBN | : 9781780681641 |
Resumen: 1. A Background for Article 6 - 2. Equality of Arms - 3. Equality of Arms and the Right to Challenge and Call Witness Evidence - 4. Equality of Arms and the Right to Adequate Time and Facilities.
| Author | : Malgorzata Wasek-Wiaderek (Auteur) |
| Publisher | : Leuven University Press |
| Total Pages | : 68 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9789058670908 |
The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.
| Author | : European Commission for Democracy through Law |
| Publisher | : Council of Europe |
| Total Pages | : 168 |
| Release | : 2000-01-01 |
| Genre | : Political Science |
| ISBN | : 9789287142979 |
The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.
| Author | : Jean-François Renucci |
| Publisher | : Council of Europe |
| Total Pages | : 132 |
| Release | : 2005-01-01 |
| Genre | : Law |
| ISBN | : 9789287157157 |
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
| Author | : Mark Eugen Villiger |
| Publisher | : BRILL |
| Total Pages | : 771 |
| Release | : 2022-12-05 |
| Genre | : Law |
| ISBN | : 9004443835 |
In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
| Author | : Stephanos Stavros |
| Publisher | : BRILL |
| Total Pages | : 404 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004481869 |
In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.
| Author | : David Harris |
| Publisher | : Oxford University Press |
| Total Pages | : 1082 |
| Release | : 2023-03-16 |
| Genre | : |
| ISBN | : 0198862008 |
Now in its fifth edition, Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.Digital formatsThis fifth edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
| Author | : Carla M. Buckley |
| Publisher | : Council of Europe |
| Total Pages | : 408 |
| Release | : 2022-11-23 |
| Genre | : Political Science |
| ISBN | : 9287191913 |
An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.
| Author | : Mascha Fedorova |
| Publisher | : Intersentia Uitgevers N V |
| Total Pages | : 529 |
| Release | : 2012 |
| Genre | : Political Science |
| ISBN | : 9781780681115 |
This book examines the interpretation and application of the principle of equality of arms in proceedings before several international criminal courts. The coming of age of these institutions merits an evaluation of the application of one of the fundamental principles underlying a criminal procedure. The practice of these courts presents some substantial challenges to achieving a meaningful equality of arms in the context in which these courts operate. Before studying the law and jurisprudence of the International Criminal Tribunals - for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Extraordinary Chambers in the Courts of Cambodia - the historical roots and the meaning of the principle of equality of arms are examined from two perspectives: the human rights perspective and the criminal process perspective. Subsequently, four themes that are central to understanding the principle of equality of arms in the international criminal context are discussed. First, the focus is on the investigation stage of the criminal process and the ability of the parties to prepare for trial. Next, the study takes a closer look at the system of disclosure of materials that were collected during investigations. Third, attention is paid to the issue of the perceived inequality in resources and facilities between the parties and the institutionally unequal positioning of the defense. Last, issues concerning the presentation of the case at the trial stage - such as the time and the number of witnesses the parties are allowed to present and the issues relating to the examination of witnesses and the admissibility of evidence - are examined. The book concludes with general observations on the scope and proper understanding of the principle of fairness, the right to a fair trial, and the principle of equality of arms. (Series: School of Human Rights Research - Vol. 55)
| Author | : Colleen Rohan |
| Publisher | : Cambridge University Press |
| Total Pages | : 629 |
| Release | : 2017-04-27 |
| Genre | : Law |
| ISBN | : 1108161642 |
This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
