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universul juridic magazin
Revista Română de Drept Privat

Annotations to some of the latest rulings passed by the european court of human rights on the right to a „fair trial”

The concept of „fair trial” is a synthesis one, cumulating and articulating in an organic unity, practically, all fundamental and inherent requirements of a „just” trial.

The huge diversity of procedural cases is involving various equity aspects and imperatives, and the European Court case law approaches them with subtlety and usually with complete rigor. The variety of inequity cases, also within the framework of different legal and judicial domestic systems, agists acquisition and implementation of European court statements rationally, appropriately, pro rata and, if need be, even creatively, not altering though essence or distorting purpose thereof.

We assume that some of the latest European court rulings justify a similar way of thinking and acting within the „margin of appreciation”, legislative and jurisprudential.