Results 11 to 20 of about 792,883 (356)

The right to a fair trial in the Republic of Serbia as a basic postulate of modern law [PDF]

open access: yesMegatrend Revija, 2021
Modern law today imposes certain new postulates. These new postulates must be in accordance with modern international law. One of these postulates is the right to a fair trial and its basic principles.
Petrović Bojan, Stajić Luka
doaj   +1 more source

Digitalisation of Enforcement Proceedings

open access: yesUtrecht Law Review, 2023
This article focuses on the compatibility of electronic enforcement proceedings and the right to a fair trial. Since Article 6 of the European Convention on Human Rights is applicable to enforcement proceedings, enforcement proceedings must be effective ...
Remigijus Jokubauskas   +1 more
doaj   +1 more source

Fast-Track Arbitration and its Current Practices

open access: yesPublic and Private International Law Bulletin, 2021
The long duration of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration helps to conduct shorter and cheaper trials and provides an opportunity for a trial to be conducted by ...
Ayşe Yasemin Gısoldı
doaj   +1 more source

Violation of the Right to A Fair Trial in Arbitration: Analysing the Turkish Court of Cassation’s Decision of 10 February 2021

open access: yesAnnales de la Faculté de Droit d’Istanbul, 2022
Based on a recent Turkish Court of Cassation decision, this article puts forward that the right to a fair trial, embodied nearly in all legal systems and fundamental international regulations such as ECHR, must be respected in arbitration proceedings as ...
Emre Esen
doaj   +1 more source

Inkongruencja polskiego ustawodawstwa z prawem europejskim w świetle najnowszego orzecznictwa TSUE, SN i TK

open access: yesActa Iuris Stetinensis, 2023
This study talks about a collision between Polish legislation and European law by analysing the latest case law of the Polish Supreme Court, the Court of Justice of the European Union and the Polish Constitutional Tribunal.
Wiktor Żochowski
doaj   +1 more source

PROCEDURAL PROBLEMS IN ESTABLISHING FRAUDULENT BANKRUPTCY

open access: yesJurisprudencija, 2020
This article examines the meaning of fraudulent bankruptcy and the problems inherent in applications of fraudulent bankruptcy. It proposes how the regulation of fraudulent bankruptcy can be improved, and considers the historical development and legal ...
Remigijus Jokubauskas   +1 more
doaj   +1 more source

The role of the fair trial principle respecting to the Hungarian constitutional complaints [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2021
Having entered into force of the Hungarian Fundamental Law, a new type of constitutional complaint was created, which allows the Hungarian Constitutional Court to examine constitutional aspects in a specific court proceeding.
Czine Agnes F.
doaj   +1 more source

The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human Rights

open access: yesCeza Hukuku ve Kriminoloji Dergisi, 2021
The principle of equality of arms proposes that a fair balance be provided between the parties to a proceeding and that equality must be ensured between the parties regarding their rights and obligations during the course of the proceeding.
Akif Yıldırım, Ayhan Kılıç
doaj   +1 more source

RIGHT TO A FAIR TRIAL IN THE CONTEXT OF CLASSIFIED INFORMATION. A SURVEY IN THE LIGHT OF CCR’S CASE-LAW [PDF]

open access: yesChallenges of the Knowledge Society, 2022
The paper intends to analyze the issue of respecting the right to a fair trial in the situation where the effectiveness of the defence depends on documents containing classified information.
Valentina BĂRBĂȚEANU, Andrei MURARU
doaj  

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

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