Open AccessApplication of Article 6 of the European Convention of Human Rights in Enforcement Proceedings
Author(s) -
Dalia Višinskytė,
Mykolas Kirkutis,
Remigijus Jokubauskas,
Vigintas Višinskis
Publication year - 2021
Publication title -
lexonomica
Language(s) - English
Resource type - Journals
eISSN - 1855-7147
pISSN - 1855-7155
DOI - 10.18690/lexonomica.13.1.91-108.2021
Subject(s) - enforcement , convention , right to a fair trial , adversarial system , element (criminal law) , law , political science , law and economics , human rights , business , economics
The application of procedural guarantees of the right to a fair trial is significant for effective legal defence. Certain element of the right to a fair trial are applicable in enforcement proceedings, such the requirement for reasonable length of enforcement proceedings, cooperation between the parties, the principle of adversarial proceedings. Since enforcement proceedings are an integral part of litigation in the court, states may be liable for a failure to ensure effective enforcement proceedings.