Results 51 to 60 of about 959 (184)

Protection of the Right to a Fair Trial within a Reasonable Time: Case Law of the European Court of Human Rights and an experience of foreign countries

open access: yesТеорія і практика правознавства, 2016
In the article with the requirements of Art. 6 (§1), Art. 13 of the ECHR and case law of the European Court of Human Rights author reviews questions related to obligation of the state to ensure the existence of effective legal remedies for the protection
Т. А. Цувіна
doaj   +1 more source

Rights of Nature in the EU: A thought experiment to improve access to justice

open access: yesReview of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 425-436, July 2026.
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley   +1 more source

Taking Fuel From the Fire: Regulating the Introduction of Rape Myth Infused and Irrelevant Evidence About Complainants in Rape Trials

open access: yesBehavioral Sciences &the Law, Volume 44, Issue 3, Page 495-507, May/June 2026.
ABSTRACT This article considers how victim‐blaming and stereotypical attitudes about appropriate victim behaviour can impact upon the operation of rape trials, particularly by prejudicing a complainant's testimony where s/he can be portrayed as having departed from the stereotypical norm of a ‘real victim’.
Susan Leahy
wiley   +1 more source

Fitness to Stand Trial: A General Principle of European Criminal Law?

open access: yesUtrecht Law Review, 2011
This article reflects on whether the principle of fitness to stand trial, which follows from Article 6 ECHR, should be incorporated as a general principle in European criminal law.
Liselotte van den Anker   +2 more
doaj   +1 more source

The Disappearing ‘Minimum Rights’ of Article 6 ECHR: the Unfortunate Legacy of Ibrahim and Beuze

open access: yesHuman Rights Law Review, 2023
Abstract This article critiques the European Court of Human Rights’ recent extensive case law on the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR), and particularly the right to legal assistance in criminal trials.
openaire   +1 more source

Exploring and Explaining the Use and Proliferation of Whole Life Orders in England and Wales

open access: yesThe Howard Journal of Crime and Justice, Volume 65, Issue 2, Page 167-179, June 2026.
ABSTRACT Whole life orders (WLOs) represent the power of the state to inflict harm at its most extreme, with such sentences being found to be in breach of the European Convention on Human Rights. However, very little research has endeavoured to understand the use of WLOs.
Hannah Gilman, Jake Phillips
wiley   +1 more source

Should the European Court of Human Rights Treat the Anonymous and the Absent Witness Equally? The Application of the Same Three-Step Test

open access: yesGroningen Journal of International Law
The ‘right to (cross)-examination’ is regulated in Article 6(3)(d) of the European Convention on Human Rights (ECHR). However, this right is not absolute and can, under circumstances, be limited.
Candan Yilmaz
doaj   +1 more source

Relational legal consciousness and the mobilization of the law of the inquest in England and Wales

open access: yesJournal of Law and Society, Volume 53, Issue 2, Page 291-314, June 2026.
Abstract This article explores the legal consciousness of bereaved people in contact with the coronial system in England and Wales, drawing on an interview‐based empirical study. Informed by socio‐legal scholarship on relational dimensions of legal consciousness and citizens’ mobilization of the law, the article analyses the relationships within and ...
JESSICA JACOBSON   +2 more
wiley   +1 more source

Waiver to apply the European Convention for the Protection of Human Rights and Fundamental Freedoms in the resolution of disputes in the Court of Arbitration for Sport (CAS)

open access: yesПравоприменение
The subject. Sports legal relations, as having a private legal nature, and assuming “horizontal” inter-subject relations by default, do not imply the extension to them the guarantees provided by international acts in the field of human rights protection ...
I. A. Vasilyev
doaj   +1 more source

The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard [PDF]

open access: yesYearbook of Antitrust and Regulatory Studies, 2014
This paper analyses the jurisprudence of the European Court of Human Rights on the rights of defence as enshrined in Article 6 of the European Convention on Human Rights. In particular, it assesses Strasbourg jurisprudence on the right to be heard and on
Elsbeth Beumer
doaj  

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