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The Guarantees for Accused Persons under Article Six of the European Convention on Human Rights:An Analysis of the Application of the Convention and a ... (International Studies in Human Rights)
by Stephanos Stavros
Binding: Hardcover, 1 edition, 400 pages
Publisher: Springer
List Price: USD $204.00
Weight: 167
Dimension: H: 0.75 x L: 9.48 x W: 0.5 inches
ISBN 10: 0792318978
ISBN 13: 9780792318972
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Book Description:
In recent times Article 6 of the European Convention on Human rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan European procedural standard for accused perssons is beginning to emerge. This book offers an analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's meticulous research reveals that Article 6 has been interpreted in such as way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature.


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