- Family law — EU Rules — Traditional rules — Establishing jurisdiction — Judgments and orders
This chapter presents the main protections for the right to a fair trial. In general terms, the right to a fair trial seeks to protect the interest in maintaining the rule of law and the proper administration of justice. This right has been termed a ‘right to court’ and encompasses the idea of ensuring ‘access to justice’. It includes a right of access to a court, procedural guarantees regarding the conduct of a trial, and enforcement of a final judgment. Article 6(1) ECHR explicitly recognises certain interests that should be protected in the determination of ‘civil rights and obligations’: a fair hearing, a public hearing and judgment, trial within a reasonable time, and determination by an independent and impartial tribunal.