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Jacobs, White, and Ovey: The European Convention on Human Rights

Jacobs, White, and Ovey: The European Convention on Human Rights (8th edn)

Bernadette Rainey, Pamela McCormick, and Clare Ovey
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date: 04 October 2022

p. 27712. The Right to a Fair Trial in Civil and Criminal Caseslocked

p. 27712. The Right to a Fair Trial in Civil and Criminal Caseslocked

  • Bernadette Rainey,
  • Pamela McCormick
  •  and Clare Ovey

Abstract

This chapter examines the provisions of the European Convention on Human Rights (ECHR) on the right to a fair trial in criminal and civil cases, explaining that Article 6 of ECHR holds that the Strasbourg Court has no jurisdiction to reopen national legal proceedings or to substitute its own findings of fact for the conclusions of national courts. The chapter examines the interpretation by the Strasbourg Court of the protections provided by Article 6 in the extensive jurisprudence on this Article and discusses issues concerning the overall requirements of a fair hearing, right of access to court, and the extraterritorial effect of Article 6.

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