Teisė į teisingą bylos nagrinėjimą pagal EŽTK 6 straipsnį

Abstract

The Convention for the Protection of Human Rights and Fundamental Freedoms drawn up in Rome on 4 November 1950, entered into force in September 1953, consolidated the minimal standarts of human rights protection which are equally binding for all democratic Europe countries. Article 6 guarantees the right to a fair trial – one of the favourable condition to realize human rights. It is the fundamental right and the guarantee of other human rights protection. The aim of the master thesis is to scrutinize the conception of the right to a fair trial under the Article 6 of the European Convention, its content and the practice of The European Court of Human Rights on this question. It is considering especially urgent questions of the Article‘s 6 application. On that ground the position of the Court is formed and the analysed regulations becomes the part of theory. The master thesis should create the basis for the further analysis of the Article 6 and promote the publication of the problem on human rights and safeguard them in Lithuania. In the Article 6 there is determined the right that everyone is entitled to a fair and public hearing within a reaonable time by an independent and impartial tribunal established by law. In the Convention sense the right to a fair trial is interpreted widely because of its significance in the democratic society. Otherwise the narrow interpretation of Article 6 would not answer the purpose. The right to a fair trial should be analysed as the whole complex of the principles consolidated in the Article 6. The accomplishment of the judgement is important exactly like the quarantee of all essential principles. On that ground in the master thesis there is scrutinized every element of the right to a fair trial in detail. The whole of analysed principles creates conditions for the proper realization of justice. Everyone has the right to the protection quaranteed by the Article 6 „in the determination of his civil rights and obligations or of any criminal charge against him“. Both terms have autonomous meaning under the Convention. The aim of such determination is to unify the classification of violations in different national law systems and the recurred violations of Article 6 must be stopped trying to get the application of the same methods in all countries of Europe. Generally the different interpretation of terms used in the Convention can not be the base of nonobservance and control‘s ignoring. Regardless of the universal acknowledgement of the right to a fair trial, it is still intensively violating.