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The Undermining of Article 6 ECHR
2019In 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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The Various Components of ECHR Article 6(1)
2015In 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, 2003The 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, 2007AbstractAn 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, 2017Party 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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Civil forfeiture and Article 6 of the ECHR: due process implications for England & Wales and Ireland
Legal Studies, 2014Civil 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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Mandatory Mediation as a Forced Freedom: Article 6 ECHR - the Hallmark of Democracy
2010In any legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law.
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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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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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Chapter 6. Data Processing and the Right to Privacy: the Importance of Article 8 ECHR
2008This chapter examines the jurisprudence of the European Court of Human Rights (ECtHR) on Article 8 of the European Convention on Human Rights (ECHR), dealing with the claim that data processing measures or the use of databases may interfere with the right to privacy.
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