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Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency

  • Ola Johan Settem

Table of contents

  1. Front Matter
    Pages i-xxii
  2. Ola Johan Settem
    Pages 1-5
  3. Ola Johan Settem
    Pages 7-11
  4. Ola Johan Settem
    Pages 13-51
  5. Ola Johan Settem
    Pages 53-73
  6. Ola Johan Settem
    Pages 213-263
  7. Ola Johan Settem
    Pages 265-317
  8. Ola Johan Settem
    Pages 319-336
  9. Ola Johan Settem
    Pages 337-393
  10. Ola Johan Settem
    Pages 395-441
  11. Ola Johan Settem
    Pages 443-462
  12. Back Matter
    Pages 463-518

About this book

Introduction

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues.

The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard?

In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to l

egal aid?

As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent.

Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

Keywords

Adversarial principle Civil procedure Equality of arms European Court of Human Rights Fair hearing

Authors and affiliations

  • Ola Johan Settem
    • 1
  1. 1.Kluge Attorneys at law (AS)StavangerNorway

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-24883-7
  • Copyright Information Springer International Publishing Switzerland 2016
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-24881-3
  • Online ISBN 978-3-319-24883-7
  • Buy this book on publisher's site