Baischer v. Austria

Baischer v. Austria    [  ] BAISCHER v. AUSTRIA Right to a fair trial – violation Article 6, Section 1 Article 6, Section 1 of the Convention guaranteed a right to a public hearing by an independent and impartial tribunal established by law. According to the Court’s case-law, a “tribunal” is characterised in the substantive sense of the term by its judicial function, that is to say determining matters within its competence on the basis of rules of law and after proceedings conducted in a prescribed manner. It must also satisfy a series of further requirements – independence, in particular of the executive; impar- tiality; duration of its members’ terms of office; guarantees afforded by its procedure – several of which appear in the text of Article 6, Section 1 itself. Where a penalty is criminal in nature there must be the possibility of review by a court which satisfies the requirements of Article 6, Section 1, even though it is not inconsistent with the Convention for the prosecution and punishment of minor offences to be primarily a matter for the administrative authorities. In a judgment delivered on  December  in the case of Baischer v. Austria http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Baischer v. Austria

Human Rights Case Digest, Volume 12 (11-12): 937 – Jan 1, 2001

Loading next page...
 
/lp/brill/baischer-v-austria-ptXPf37uJh
Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
D.O.I.
10.1163/157181301401747839
Publisher site
See Article on Publisher Site

Abstract

   [  ] BAISCHER v. AUSTRIA Right to a fair trial – violation Article 6, Section 1 Article 6, Section 1 of the Convention guaranteed a right to a public hearing by an independent and impartial tribunal established by law. According to the Court’s case-law, a “tribunal” is characterised in the substantive sense of the term by its judicial function, that is to say determining matters within its competence on the basis of rules of law and after proceedings conducted in a prescribed manner. It must also satisfy a series of further requirements – independence, in particular of the executive; impar- tiality; duration of its members’ terms of office; guarantees afforded by its procedure – several of which appear in the text of Article 6, Section 1 itself. Where a penalty is criminal in nature there must be the possibility of review by a court which satisfies the requirements of Article 6, Section 1, even though it is not inconsistent with the Convention for the prosecution and punishment of minor offences to be primarily a matter for the administrative authorities. In a judgment delivered on  December  in the case of Baischer v. Austria

Journal

Human Rights Case DigestBrill

Published: Jan 1, 2001

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off