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3 The Right to a Fair Trial

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 December 2022

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.

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