79 11 hrcd [ 2000 ] GAST and POPP v. GERMANY Right to a fair trial – no violation Article 6, Section 1 The duty to organise judicial systems in such a way that the courts can hear cases within a reasonable time applies also to a Constitutional Court. However its role as guardian of the Constitution makes it particularly necessary for a Constitutional Court sometimes to take into account other considerations than the mere chronological order in which cases are entered on the list, such as the nature of a case and its importance in political and social terms. Furthermore while Article 6 requires that judicial proceedings be expeditious, it also lays emphasis on the more general principle of the proper administration of justice. It was reasonable for the German Federal Constitutional Court to have grouped the applicants’ cases so as to obtain a comprehensive view of the legal issues arising from convictions of espionage and treason following German unification. In a judgment delivered on 25 February 2000 in the case of Gast and Popp v. Germany , the European Court of Human Rights held unanimously that there had not been a violation of Article 6 ,
Human Rights Case Digest – Brill
Published: Jan 1, 2000
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