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The Right to a Fair Trial and the Council of Europes Efforts to Ensure Effective Remedies on a Domestic Level for Excessively Lengthy Proceedings

The Right to a Fair Trial and the Council of Europes Efforts to Ensure Effective Remedies on a... Human Rights Law Review 13:4  The Author [2013]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com doi:10.1093/hrlr/ngt036 ... ... ... .... ... .... ... ... .... ... .... ... ... .... ... .... ... ... .... ... ... . The Right to a Fair Trial and the Council of Europe’s Efforts to Ensure Effective Remedies on a Domestic Level for Excessively Lengthy Proceedings Martin Kuijer* Keywords: right to a fair trial ^ excessive length of proceedings ^ right to a remedy ^ Council of Europe 1. Introduction Every year hundreds of applicants complain before the European Court of Human Rights (hereinafter the ‘Court’) that judicial proceedings before their domestic courts have taken too much time and thereby violate Article 6 of the ECHR, which states that ‘everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal estab- lished by law’. This single issue still accounts for more judgments of the Court than any other. It is clear why speedy judicial proceedings are deemed essential from a human rights perspective. ‘Justice delayed is justice denied’ is a maxim that is often used in this regard. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Law Review Oxford University Press

The Right to a Fair Trial and the Council of Europes Efforts to Ensure Effective Remedies on a Domestic Level for Excessively Lengthy Proceedings

Human Rights Law Review , Volume 13 (4) – Dec 3, 2013

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Publisher
Oxford University Press
Copyright
The Author [2013]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com
ISSN
1461-7781
eISSN
1744-1021
DOI
10.1093/hrlr/ngt036
Publisher site
See Article on Publisher Site

Abstract

Human Rights Law Review 13:4  The Author [2013]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com doi:10.1093/hrlr/ngt036 ... ... ... .... ... .... ... ... .... ... .... ... ... .... ... .... ... ... .... ... ... . The Right to a Fair Trial and the Council of Europe’s Efforts to Ensure Effective Remedies on a Domestic Level for Excessively Lengthy Proceedings Martin Kuijer* Keywords: right to a fair trial ^ excessive length of proceedings ^ right to a remedy ^ Council of Europe 1. Introduction Every year hundreds of applicants complain before the European Court of Human Rights (hereinafter the ‘Court’) that judicial proceedings before their domestic courts have taken too much time and thereby violate Article 6 of the ECHR, which states that ‘everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal estab- lished by law’. This single issue still accounts for more judgments of the Court than any other. It is clear why speedy judicial proceedings are deemed essential from a human rights perspective. ‘Justice delayed is justice denied’ is a maxim that is often used in this regard.

Journal

Human Rights Law ReviewOxford University Press

Published: Dec 3, 2013

Keywords: right to a fair trial excessive length of proceedings right to a remedy Council of Europe

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