THE JURIDICAL NATURE OF THE RIGHT TO A FAIR TRIAL
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Authors:
• Mircea DAMASCHIN, email: damaschin.mircea@gmail.com, Afiliation: Associate Professor, Ph.D., Faculty of Social and Administrative Sciences, “Nicolae Titulescu” University, Bucharest -
Keywords: right to a fair trial, human rights
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Abstract:
The present study is a theoretical approach to the legal principle regarding the right to a fair trial, particularly to the juridical nature of this right. The importance of guaranteeing the fairness of the procedures – in which the litigants are involved – has considerably increased especially after the European Convention on Human Rights was adopted in 1994. At the same time, the jurisprudence of the European Court of Human Rights played a significant role in observing the fairness of trials, especially in those causes that implied the breach of Article 6 of the European
Convention on Human Rights. Under these circumstances and in conformity with the modifications brought to legislation the fair trial started to be perceived as a constitutional principle and it has become an essential rule for justice, hence the necessity to define the juridical nature and character of the right to a fair trial.