Autor: Laura STĂNILĂ
Publicat în: Journal Of Eastern European Criminal Law no. 1/2019
Revistă disponibilă: aici.
Abstract: The right to a fair trial provided by art. 6 ECHD is one of the most important elements of the Rule of law. The general content and the specific elements of the right to a fair trial are subject to the constant and contextual teleological interpretation of the European Court of Human Rights. Also, the right to a fair trial received an autonomous interpretation in relation with substantive and procedural provisions of the domestic law. The present study focuses on the recent caselaw of the European Court of Human Right agains Romania regarding the violation of art. 6 ECHD.
Keywords: right to a fair trial; European Convention of Human Rights; specific guarantees; entrapment; incitement; reasonable duration of the trial; Al-Khawaja test.