Results 11 to 20 of about 959 (184)

The Right to a Fair Trial and International Cooperation in Criminal Matters: Article 6 ECHR and the Recovery of Assets in Grand Corruption Cases

open access: yesUtrecht Law Review, 2013
Are fair trial rights general principles of transnational criminal law (TCL)? If so, how do they protect individuals who are affected by transnational proceedings? Posing these questions in the context of international cooperation efforts aimed at ‘asset
Radha Dawn Ivory
doaj   +1 more source

Fair Trial in 'Mothers of Srebrenica et al'.: Guessing as a Form of Reasoning

open access: yesUtrecht Journal of International and European Law, 2021
On 19 July 2019, the Dutch Supreme Court ('Hoge Raad') rendered the final judgment in the proceedings led by Stichting Mothers of Srebrenica (‘Mothers’), a foundation established under the Dutch law, in the interests of more than 6,000 surviving ...
Zane Ratniece
doaj   +1 more source

Unconstitutionality of the General Administrative Procedure Act: The Constitutional Court as the 'positive legislator' [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu, 2023
The Constitutional Court of Serbia declared Article 178(3) of the General Administra-tive Procedure Act (GAPA) unconstitutional. This provision sets an objective deadline for reopening of the administrative procedure.
Cucić Vuk
doaj   +1 more source

Asset Freezing: Smart Sanction or Criminal Charge?

open access: yesUtrecht Journal of International and European Law, 2011
In this article the question is asked whether asset freezing can be qualified as a criminal charge within the meaning of Article6 ECHR and if yes, what effects this qualification may have on the legislative framework on so called smart sanctions ...
Melissa van den Broek   +2 more
doaj   +3 more sources

Admissibility of the Issuing Cumulative Penalty in Cumulative Judgement by Appeal Court for the First Time or Issuing That Penalty Within the Different Scope of Punishment: Commentary on the Resolution of the Panel of 7 Judges of the Supreme Court of 28 June 2018 (I KZP 3/18, OSNKW 2018, no. 8, item 55)

open access: yesStudia Iuridica Lublinensia, 2021
The commentary raises the problem of the admissibility of the issuing cumulative penalty in cumulative judgement by appeal court for the first time or issuing that penalty within the different scope of punishment, from the perspective of the power to ...
Dawid Marko
doaj   +1 more source

Convenção Europeia dos Direitos Humanos: contributo para a proteção das crianças em conflito com a lei

open access: yese-cadernos ces, 2013
This article analyzes the contribution of the European Convention on Human Rights (ECHR) and of the European Court of Human Rights to the protection of the rights of children in conflict with the law.
Paula Casaleiro
doaj   +1 more source

Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights [PDF]

open access: yesAnali Pravnog Fakulteta u Beogradu, 2019
Right to a reasoned judgement, created by the European Court of Human Rights is used in some cases by the Court in Strasbourg to justify acting as a court of higher instance in relation to national courts regarding the article 6 of the Convention.
Dajović Goran, Spaić Bojan
doaj   +1 more source

Sports in the Case-Law of the European Court of Human Rights

open access: yesEspaço Jurídico, 2019
Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe.
Jakub Czepek
doaj   +1 more source

“Equality of arms” in criminal procedure in the context of the right to a fair trial

open access: yesRUDN Journal of Law, 2021
The level of realization of the right to a fair trial is one of the crucial indicators of democracy in any state. In order to ensure this right, all the minimum standards deriving from it must be clearly understood by law enforcement agencies and their ...
Fardin Y. Khalilov
doaj   +1 more source

Article 6 ECHR, Civil Rights, and the Enduring Role of the Common Law [PDF]

open access: yesEuropean Public Law, 2013
This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and ...
openaire   +1 more source

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