Aspects regarding the right to a fair trial

• Author: Madalina Amalia Pasca
• Position: University assistant, Agora University, Faculty of Law
• Pages: 64-67

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ASPECTS REGARDING THE RIGHT TO A FAIR TRIAL

Mdlina Amalia Paca

"The life of the society depends on the individual rights."

(Herbert Spencer)

Abstract

This article ana lyses one of the most important principles of the la w that is, the concept

of the right to a fair trial. The article emphasizes the importance of the European Convention of

the Human Rights upon the national laws, regarding the necessity of applying its provisions into

the national trials when the national laws tend to restrict the litigants’ rights. Therefore,

everybody has the right to be judged within a reasonable time, by impartia l judges and on the

base of accura te legal provisions.

Key words: fair trial, human rights, reasonable time, judge, courts.

Introduction:

Any democratic sta te wants their legal system to represents an essential element of the

civilization and the social development. Therefore, the idea of a fair tr ial leads to the idea of the

Law State. Any democratic state has as prior objectives the possibility the offer some procedural

guarantees, that of defining the bala nce between the safety of the fundamental rights and other

state interests.

The concept of the fair trial is almost impossible to define because of the way it appeared

between the constants of rights and the fundamental rights in the contemporary legal systems.

But the concept of the fair trial is an extremely complex one incorporated into more components,

such as: the free access to justice; examination of the case in a fair, public and within a

reasonable time; examination of the case by an independent, impartial and established by law

court; the publicity of the sentencing.

The concept of a fair trial is often used by the courts from Strasbourg for appointing the

assembly of the rights of the litigants according to art.6 from the European Convention of

Human Rights, which means the assembly of the procedural guarantees which enable the value

of the rights protected by the Convention.

As a guarantee for the human rights, the Convention provides in article 6 (1) the right of

any person to a fair trial: “Any person has the right to have his/her trial fairly exanimate, publicly

and within a reasonable time, by an independent and impartial court, established by the law,

which will decide either upon the violation of the civil rights and obligations or upon the

thoroughly of any criminal charges against him/her. The decision has to be given in public, but

 University assistant, Agora University, Faculty of Law, e-mail madalina.pasca @yahoo.com