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
THE CONTRIBUTION OF FORENSIC EXAMINATION TO ENSURING THE RIGHT TO A FAIR TRIAL WITHIN ECtHR CASE-LAW
In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human
Kliuiev Oleksandr+3 more
doaj +1 more source
PROCEDURAL PROBLEMS IN ESTABLISHING FRAUDULENT BANKRUPTCY
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
Fourth instance doctrine and the right to a reasoned judgement in the practice of the European Court of Human Rights [PDF]
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
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
The role of the fair trial principle respecting to the Hungarian constitutional complaints [PDF]
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
RIGHT TO A FAIR TRIAL IN THE CONTEXT OF CLASSIFIED INFORMATION. A SURVEY IN THE LIGHT OF CCR’S CASE-LAW [PDF]
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
European Convention of Human Rights and Fundamental Freedoms: Impact on Polish Law Development [PDF]
The European Convention of Human Rights along with the case law elaborated by the European Court of Human Rights set an international procedural standard of a fair trial.
Marcin Dziurda+2 more
doaj +1 more source
The right to a fair trial and international cooperation in criminal matters: Article 6 ECHR and the recovery of assets in grand corruption cases [PDF]
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
Afanasyeva, Olesya Gennadyevna+4 more
core +3 more sources
Anonymous witnesses and the accused's right to a fair trial
Introduction. The article examines the question of the questioning of anonymous witnesses, the use of their testimony at the stage of the trial in the context of the suspect’s or accused’s right to a fair trial. The criteria that allow to make a decision
Hlib Rybalko
doaj +1 more source