Results 131 to 140 of about 959 (184)

Civil Asset Forfeiture and the Presumption of Innocence under Article 6(2) Echr

New Journal of European Criminal Law, 2014
This article deals with so-called civil asset forfeiture (CAF), or non-conviction based confiscation, and the presumption of innocence (POI). CAF measures are civil actions, directed against proceeds of crime, which facilitate the forfeiture of suspected criminal proceeds, even when it has not been possible to achieve a criminal conviction.
exaly   +2 more sources

The Undermining of Article 6 ECHR

2019
In 2018, the European Court of Human Rights’ case law continued to raise significant questions about the nature of criminal fair trial rights under Article 6. This contribution considers the Court’s recent case law on Article 6, with a particular emphasis on developments in cases such as Beuze v Belgium of November 2018.
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‘Full Jurisdiction’ Under Article 6 ECHR: Hans Kelsen v. the Principle of Separation of Powers

European Public Law, 2020
This article examines the ‘full jurisdiction’ requirement under Article 6 European Convention on Human Rights (ECHR) and its implementation within European Court of Human Rights (ECtHR) case law. It first analyses the theoretical foundations for ‘full jurisdiction’ which implies, in principle, a substitutive review of the merits of administrative ...
Miriam Allena, Francesco Goisis
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The Various Components of ECHR Article 6(1)

2015
In this chapter, the author provides a brief overview of the various components and aspects of ECHR Article 6, including the question of what proceedings the provision applies to in the first place.
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Article 6 Echr and Immunities Arising in Public International Law

International and Comparative Law Quarterly, 2003
The Procedural guarantees laid down in Article 6, European Convention on Human Rights in relation to the fairness and expedition of legal proceedings would be meaningless if the Convention did not protect the right of access to the courts which is a precondition to the enjoyment of those guarantees.
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The Impact of Article 6(1) of the Echr on Private International Law

International and Comparative Law Quarterly, 2007
AbstractAn increasing trend in private international law cases decided by courts in the United Kingdom has been to refer to the European Convention on Human Rights and, in particular, to Article 6. This article will examine the impact of this provision on private international law.
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Waiver of the Right to Set-Aside Proceedings in Light of Article 6 ECHR: Party-Autonomy on Top?

Journal of International Arbitration, 2017
Party autonomy is an important principle in arbitration. Parties that opt for arbitration are, to a certain extent, free to organize the arbitral process. The exact scope of this freedom is unclear, especially where fundamental rights of the European Convention of Human Rights (ECHR) are at stake.
Knigge, M.W., Ribbers, P.L.F.
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Scientific evidence and the right to a fair trial under Article 6 ECHR

2017
The European Convention on Human Rights (ECHR) does not mandate any particular format when forensic science findings are reported to the instructing magistrate or to the fact-finder. In the limits posed by the right to a fair trial (Article 6 ECHR), national authorities are thus free to set their own rules in the matter. However, even if the scientific
J. Vuille, L. Luparia, F. Taroni
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Civil forfeiture and Article 6 of the ECHR: due process implications for England & Wales and Ireland

Legal Studies, 2014
Civil forfeiture is playing an increasingly prominent role in the fight against organised crime. While this tool is attractive to law enforcement agencies, it does give rise to concerns under Art 6 of the ECHR. Such proceedings ought to attract the full range of enhanced procedural protections inherent in the criminal process.
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Some Aspects of the Application and Ascertainment of Foreign Law in the Light of Article 6 of the ECHR

2015
Private international law deals with cross-border civil matters and, inter alia, determines the applicable (substantive) law. When this law turns out to be the law of a foreign state, the question of the procedural status of that law will come up. Since foreign law is not known to the court, the latter should obtain information on that law, either of ...
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