Journal of Accounting and Management Information Systems (JAMIS)

The right to a fair trial in the case law of the European Court of Human Rights and in the internal Romanian case law

Supp/2006 ,   487-494

Marius EZER

Keywords:   right to a fair trial, material and procedural warranties, reasonable delay, internal jurisdiction


The right to a fair trial is provided in article 6 of the European Convention of Human Rights and consecrates a fundamental principle of the preeminence of the law in a democratic society and is aimed to insure the right to a good administration of justice.

With respect to the application field of article 6 of the Convention in the terms of article 6.1., each person has the right that his/her case is presented before a court of law which will decide over the contestations on civil rights and obligations or over the fundament of each accusation in criminal matters.

This provision regulates the right to appear before a court of law, where the access right, understood as the right to appeal to a court of law in a civil matter represents an aspect.

According to the Convention’s article, the right to a fair trial does not apply to all the litigations but only to the contestations over the civil rights and obligations and to the criminal law accusations. These two notions are not very clear and this led to a non-unitary case law of the European Court of Human Rights and also of the Member States Courts, including Romania.

Concerning the violations of this article by the Romanian State, it may be concluded that the internal legislation has seen an evolution in the reduction of the possibility of infringing the provisions of the right to a fair trial, but it is still perfectible.