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
Oana Maria HANCIU
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
Keywords: the right to a fair trial, the independence of the courts, the impartiality of the courts,
the equality of arms, ECHR.
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
. 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
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
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Lawyer, Vâlcea Bar (e-mail: email@example.com).
Kyprianaou v. Cipru, ECHR, 15 December 2005, aplication no. 73797/01.
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