Reflections On The Right To A Fair Trial And Trust In Justice In The Light Of The Jurisprudence Of The European Court Of Human Rights

• Author: Oana Maria Hanciu
• Pages: 177-182

LESIJ NO. XXV, VOL. 2/2018

REFLECTIONS ON THE RIGHT TO A FAIR TRIAL AND TRUST IN JUSTICE

IN THE LIGHT OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF

HUMAN RIGHTS

1

Oana Maria HANCIU

Abstract

In this article, discussions on th e right to a fair trial are mainly influenced b y the provisions of

article 6 of the European Convention on Human Rights, and in secondary by the other international

and national regulations. In the cases of the European Court of Human Rights, the principle of equality

of arms is considered to be one of the fundamental elements of a fair trial. Besides this principle,

another essential element for a fair process is the independence and impartiality of the courts, and even

the impression of an independent and impartial justice in the eyes of public opinion

2

.

Keywords: the right to a fair trial, the independence of the courts, the impartiality of the courts,

the equality of arms, ECHR.

1. Introduction

The Europ ean Convention on Human

Rights (hereinafter referred to as “the

Convention”) was adopted in 1950 by the

Council of Europe and entered into force in

September 1953. The Convention was a

symbolic statement of the West's belief and

a means o f preventing some States of

Communism's Return. It was also a reaction

to the events t hat Europe witnessed during

the Second World War

1

. The Convention

establishes a series of civil and political

rights and freedoms, guaranteeing their

respect by the states that have ratified it.

Romania has ratified the Convention

and the Additional Protocols thereto by Law

1

This paper is written during the susteinability stage of the project entitled “Horizon 2020 - Doctoral and

Postdoctoral Studies: Promoting the National Interest through Excellence, Competitiveness and Responsibility in

the Field of Romanian Fundamental and Applied Scientific Research”, contract number

POSDRU/159/1.5/S/140106. This p roject is co-financed by European Social Fund through Sectoral Operational

Programme for Human Resources Development 2007-2013. Investing in people!

 Lawyer, Vâlcea Bar (e-mail: oanahanciu@gmail.com).

2

Kyprianaou v. Cipru, ECHR, 15 December 2005, aplication no. 73797/01.

1

Harris, O Boyle&Warbrick, Law of the European Convention on Human Rights, 3rd edition, Oxford University

Press, 2014, p. 3.

no. 30 of May 18, 1994, published in the

Official Monitor no. 135 of 31 May 1994.

Thus, the Convention and its protocols

became an integral part of national law, with

priority being give n to the national courts

being obliged to apply immediately the

provisions of the Convention and its

protocols and the national judgments to be

subject to the prescribed control by the

European Court of Human Rights.

The purpose of the Convention is

therefore to protect human r ights. One of

these rights is the right to a fair trial, a

universal right protected not only by the

Convention but also by the Universal

Declaration of Human Rights of 1948, the

International Convention on Civil and

Political Rights of 1966, the American