ECHR

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Article 6 Civil - Right to a fair trial

Case-Law Guide

The Case-Law Guide provides an overview of Convention case-law on this Article.

Article Updates

Cases selected for updating the Case-Law Guide.

Ukrkava, TOV v. Ukraine, no. 10233/20

06/02/25

Supreme Court’s reinterpretation of clear and unambiguous statutory provision in a manner that was unforeseeable and contrary to the principle of legal certainty.
Judgment

Suren Antonyan v. Armenia, no. 20140/23

23/01/25

Dismissal of a judge following disciplinary proceedings before a sui generis body, the Supreme Judicial Council, established after constitutional amendments.
Judgment

Cavca v. the Republic of Moldova, no. 21766/22

09/01/25

Disciplinary proceedings against a public official resulting in his dismissal after being allegedly incited by an undercover State agent to accept a bribe as part of a professional integrity test.
Judgment

View all Article Updates

Key Themes

Annotated case-lists on a subject of relevance to this Article.

Arbitration

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31/08/24

)

Constitutional Court proceedings

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31/08/24

)

The obligation to give reasons for a refusal to make a preliminary reference to the CJEU

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31/08/24

)

Useful Materials

Selected case-law materials concerning this Article

Right to a fair trial (no. CDH(68)3), Tome 1
Right to a fair trial (no. CDH(68)3), Tome 2
Right to a fair trial (no. DH(56)11)

Useful Links

Links to selected websites of relevance to this Article.

Compilation of Venice Commission opinions and reports (Venice Commission)

Consultative Council of European Judges (CCJE)

Consultative Council of European Prosecutors (CCPE)

Department for the Execution of Judgments of the European Court of Human Rights: thematic factsheet on Excessive formalism by courts

Department for the Execution of Judgments of the European Court of Human Rights: thematic factsheet on Independence and Impartiality of the Judicial system

Department for the Execution of Judgments of the European Court of Human Rights: thematic factsheet on Roma and Travellers

Directorate General: Human Rights and Rule of Law

European Commission for the efficiency of Justice (CEPEJ)

Good practice guide on enforcement of judicial decisions (CEPEJ)

Human Rights Education for Legal Professionals

Length of court proceedings in the member states of the Council of Europe based on the case law of the European Court of Human Rights (CEPEJ)

Opinion n°17 (2014) on the evaluation of judges' work, the quality of justice and respect for judicial independence (CCJE)

Opinion n° 18 (2015) on the position of the judiciary and its relation with the other powers of state in a modern democracy (CCJE)

Opinion n° 24 (2021) on the Evolution of the Councils for the Judiciary and their role in independent and impartial judicial systems (CCJE)

Opinion n° 3 (2002) on ethics and liability of judges (CCJE)

Recommendation CM/Rec(2010)12 on Judges: independence, efficiency and responsibilities

Report on the Independence of the Judicial System Part I: The Independence of Judges (Venice Commission)

Study on the feasibility of a new European legal instrument on the profession of lawyer (CDCJ)

Venice Commission

United Nations and the Rule of Law Portal

Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union

Effective access to justice (European Parliament)

European Judicial network in Civil and Commercial Matters

European Parliament – Committee on Civil Liberties, Justice and Home Affairs (LIBE)

European Union Agency for Criminal Justice Cooperation (Eurojust)

Fundamental Rights Report 2022 (FRA)

Handbook on European law relating to access to justice

OSCE/ODIHR Legislationline