Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings by Ola Johan Settem, Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Ola Johan Settem ISBN: 9783319248837
Publisher: Springer International Publishing Publication: December 15, 2015
Imprint: Springer Language: English
Author: Ola Johan Settem
ISBN: 9783319248837
Publisher: Springer International Publishing
Publication: December 15, 2015
Imprint: Springer
Language: English

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues.

The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard?

In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le

gal aid?

As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent.

Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

 

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues.

The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard?

In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le

gal aid?

As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent.

Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

 

More books from Springer International Publishing

Cover of the book Landscape Ecology for Sustainable Society by Ola Johan Settem
Cover of the book Human Health and Physical Activity During Heat Exposure by Ola Johan Settem
Cover of the book Paradigms in Cryptology – Mycrypt 2016. Malicious and Exploratory Cryptology by Ola Johan Settem
Cover of the book Problems, Philosophy and Politics of Climate Science by Ola Johan Settem
Cover of the book Nutrition and Health in a Developing World by Ola Johan Settem
Cover of the book Low-Power Design and Power-Aware Verification by Ola Johan Settem
Cover of the book Fluvial Depositional Systems by Ola Johan Settem
Cover of the book The Union of Chemistry and Physics by Ola Johan Settem
Cover of the book Korean Women, Self-Esteem, and Practical Theology by Ola Johan Settem
Cover of the book Environmental Geoinformatics by Ola Johan Settem
Cover of the book Development of a Methodology for the Evaluation of Active Safety using the Example of Preventive Pedestrian Protection by Ola Johan Settem
Cover of the book Data and Applications Security and Privacy XXX by Ola Johan Settem
Cover of the book Tools for High Performance Computing 2015 by Ola Johan Settem
Cover of the book Serous Effusions by Ola Johan Settem
Cover of the book A Richer Picture of Mathematics by Ola Johan Settem
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy