Chapter 4
I. Subject, Scope, and Significance of the Right to a Fair Trial
1. General Subject
1.1. All three instruments protect the right to a fair trial as a fundamental, universal, and inalienable right.
1.2. They guarantee every person the opportunity to have their civil rights and obligations, or any criminal charge against them, examined by a court that is independent, impartial, and established by law.
1.3. This right is a fundamental condition for the rule of law, without which democracy and freedom lose their meaning.
2. Scope
2.1. Article 6, §1 of the ECHR
* Guarantees the right to a fair and public trial within a reasonable time;
* Before an independent and impartial tribunal;
* Established by law;
* With the judgment to be pronounced publicly.
2.2. Article 14, §1 of the ICCPR (UN)
* Recognizes the equality of all persons before courts and tribunals;
* Guarantees that everyone is entitled to a fair and public hearing by a competent, independent, and impartial tribunal;
* Allows exceptions to publicity only for the protection of morals, public order, national security, or the rights of others.
2.3. Article 47 of the EU Charter
* Everyone has the right to an effective remedy before a tribunal when their rights and freedoms guaranteed by EU law are violated.
* Guarantees the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal.
* Guarantees the right to legal aid for those who lack sufficient resources.
3. Significance
3.1. Together, these three texts form a global, regional, and union-wide framework for protecting the right to a fair trial:
* ECHR – at the Council of Europe level;
* ICCPR – at the UN level (universal);
* EU Charter – at the European Union level.
3.2. They establish a common system of guarantees:
* Access to court;
* Equality of arms;
* Publicity and transparency;
* Independence and impartiality of the judiciary;
* Reasonable timeframes;
* Effective defense and legal aid.
3.3. Their significance is vital—because without them, the judicial process turns into arbitrariness, and justice into a deception.
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