SSOAR Logo
    • Deutsch
    • English
  • English 
    • Deutsch
    • English
  • Login
SSOAR ▼
  • Home
  • About SSOAR
  • Guidelines
  • Publishing in SSOAR
  • Cooperating with SSOAR
    • Cooperation models
    • Delivery routes and formats
    • Projects
  • Cooperation partners
    • Information about cooperation partners
  • Information
    • Possibilities of taking the Green Road
    • Grant of Licences
    • Download additional information
  • Operational concept
Browse and search Add new document OAI-PMH interface
JavaScript is disabled for your browser. Some features of this site may not work without it.

Download PDF
Download full text

(659.6Kb)

Citation Suggestion

Please use the following Persistent Identifier (PID) to cite this document:
https://nbn-resolving.org/urn:nbn:de:0168-ssoar-419025

Exports for your reference manager

Bibtex export
Endnote export

Display Statistics
Share
  • Share via E-Mail E-Mail
  • Share via Facebook Facebook
  • Share via Bluesky Bluesky
  • Share via Reddit reddit
  • Share via Linkedin LinkedIn
  • Share via XING XING

Problematica respectării dreptului la un proces echitabil la nivel european şi internaţional

The Problematics of Respecting the Right to a Fair Trial at European and International Level
[journal article]

Buruiana, Irina

Abstract

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured pr... view more

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality’s spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.... view less

Keywords
Europe; fairness; commerce; international law; human rights

Classification
Law
European Politics

Free Keywords
fair trial; jurisdiction; customary international law; international standards and guarantee for respecting human rights as absolute law

Document language
Romanian, Moldavian, Moldovan

Publication Year
2013

Page/Pages
p. 16-26

Journal
Studii Europene (2013) 2

ISSN
2345-1041

Status
Published Version; peer reviewed

Licence
Deposit Licence - No Redistribution, No Modifications


GESIS LogoDFG LogoOpen Access Logo
Home  |  Legal notices  |  Operational concept  |  Privacy policy
© 2007 - 2025 Social Science Open Access Repository (SSOAR).
Based on DSpace, Copyright (c) 2002-2022, DuraSpace. All rights reserved.
 

 


GESIS LogoDFG LogoOpen Access Logo
Home  |  Legal notices  |  Operational concept  |  Privacy policy
© 2007 - 2025 Social Science Open Access Repository (SSOAR).
Based on DSpace, Copyright (c) 2002-2022, DuraSpace. All rights reserved.