scholarly journals The Principle of Foreseeability of Judicial Decisions as a Component of the Right to a Fair Trial

2012 ◽  
Vol 12 (1) ◽  
pp. 69-79
Author(s):  
Jana Křiváčková
Keyword(s):  
Slovak Republic ◽  
Legal Regulation ◽  
General Term ◽  
Fair Trial ◽  
Judicial Process ◽  
Judicial Decisions ◽  
Civil Court ◽  
Procedural Law ◽  
Court Proceedings ◽  
The Right

Abstract The article focuses on the principle of foreseeability of judicial decisions in civil court proceedings, as one of the components of the right to a fair trial in the Czech Republic. The principle of foreseeability of judicial decisions has to be understood as a general term including several requirements on judicial process in civil court proceedings the purpose of which is to avoid surprising decisions which can be seen as one of possible forms of violation of the right to a fair trial. Predictable decision is a decision that follows from a predictable procedure of the court in which the court proceeds strictly according to procedure code using all of the special institutions such as the duty to instruct the participants concerning their procedural rights and duties. The second requirement is to respect the legitimate expectations of the parties regarding the application of law on their case. Participants have the right to expect that their case will be decided accordingly to a legal opinion expressed in a case already decided before the courts. This aspect of the foreseeability of judicial decisions then puts high demands on the ability of courts to deal with situations in which they decide a case differently from the existing case law and thus the decision may be surprising for the participants. This article concentrates on the legal regulation of the principle of foreseeability of judicial decisions on the level of constitutional and civil procedural law. The article also deals with the legal regulation in this area in the Slovak Republic and Germany. The purpose of the article is to compare the legislation on national and international level as well as to compare Czech, German and Slovak legal regulation of the principle of foreseeability of judicial decisions.

scholarly journals Attempt to increase the transparency

2017 ◽  
Vol 1 (2) ◽  
pp. 167-173 ◽  
Author(s):  
Rastislav Munk
Keyword(s):  
Slovak Republic ◽  
Legal Regulation ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Legislative Changes ◽  
Right To Information ◽  
The Right

The author deals with problems related to the Amendment to the Freedom of Information Act in the Slovak Republic in this article. In the introduction, the author assesses the legal regulation of the use of the right to information in the Slovak Republic. Subsequently, the author discusses the legal regulation of the use of the right to information in the Slovak Republic and expresses its attitude towards the legal regulation of the use of the right to information in the Slovak Republic, underlining the possibility of adopting legislative changes. It is also concerned with the Amendment to the Freedom of Information Act and with the practical problems associated with the right to information.

4. Overriding Objective and Human Rights

2021 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2019 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2020 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

Case-law of the European Court of Human Rights in juvenile cases. Selected cases

2019 ◽  
Vol 584 (9) ◽  
pp. 18-32
Author(s):  
Elżbieta Czyż
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Young Person ◽  
Fair Trial ◽  
European Countries ◽  
European Court ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights ◽  
Entire Procedure

The right to a fair trial, rules on deprivation of liberty are important standards in the entire procedure of dealing with juveniles, from detention to the end of court proceedings. The judgments of the European Court of Human Rights cited in the article illustrate what are the problems with complying with this standard in practice in several European countries, including Poland. It seems that one of the reasons may be declarative, apparent treatment of the rights of child/juvenile, especially when it concerns procedural rights. Teaching a young person respect for the law and responsibility for his behaviour requires subjective treatment so that he can feel, on his own example, the operation of a system based on clear, predictable, understandable rules.

scholarly journals El Papel del Intérprete Judicial desde la Perspectiva de los Juristas: El Caso de los Abogados del Turno de Oficio de la Provincia de Cuenca

2017 ◽  
Vol 4 ◽  
pp. 28-48
Author(s):  
Carlota Carretero Garcia
Keyword(s):  
Fair Trial ◽  
Spanish Speakers ◽  
Spanish Speaking ◽  
Court Proceedings ◽  
The Right ◽  
Spanish Province

Resumen: El presente artículo plantea como objetivo principal estudiar la situación relativa al derecho de las personas no hispanohablantes a recibir un intérprete cualificado en un procedimiento judicial dentro la provincia de Cuenca. En otras palabras, se pretende averiguar si se está respetando el derecho de las personas no hispanohablantes involucradas en el proceso a contar con un proceso justo. Con este propósito se ha elaborado un cuestionario que se ha repartido entre un grupo de abogados y abogadas de turno de oficio de la provincia de Cuenca donde se les pregunta por su conocimiento respecto al papel y las cualificaciones con las que deben contar los y las intérpretes o hasta qué punto el personal que desempeña las labores de interpretación está cualificado para dicha actividad. Con todo esto también se pretende averiguar hasta qué nivel son conscientes los abogados y las abogadas de los requisitos necesarios para ser intérprete y de la complejidad de las tareas que ello implica, ya que todas estas variables influyen en el cumplimiento del derecho de una persona no hispanohablante a contar con un proceso justo. Todo esto, tras haber revisado previamente la legislación pertinente, así como estudios anteriores relacionados.Abstract: The main objective of this article is to study the right that non-Spanish speaking people have to be assisted by a qualified interpreter in court proceedings in the Spanish province of Cuenca. In other words, it is our aim to find out whether the right to a fair trial is being observed for non-Spanish speakers. To this end, a questionnaire has been administered among state-appointed lawyers practicing in the province of Cuenca, who have been asked whether they know the role and qualifications of interpreters and to what extent people providing interpreting services in this area are really qualified for the job. This survey was also designed so as to know whether lawyers are aware of the requirements that must be met by interpreters and the intricacies of their activity, as all these factors may affect the observance of the right of a non-Spanish speaking person to have a fair trial.  

scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec
Keyword(s):  
Czech Republic ◽  
Real Estate ◽  
Slovak Republic ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial Activism ◽  
Public Records ◽  
The Czech Republic ◽  
The Real Estate ◽  
The Right

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

scholarly journals EXERCISE OF THE RIGHT TO A FAIR TRIAL IN CASES RELATED TO DOMESTIC VIOLENCE

2020 ◽  
pp. 44-54
Author(s):  
Liudmyla Golovko ◽  
◽  
Viktor Ladychenko ◽  
Olena Gulaс ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Comparative Method ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Functional Method ◽  
Fair Trial ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
The Right

The purpose of the article is to investigate the effectiveness of Ukrainian legislation in the fieldof combating domestic violence, as well as the implementation of the right to a fair trial in casesinvolving domestic violence. The following methods were used in the study: analysis and synthesis,system-functional method, comparative method. Results. The article analyzes the legislation ofUkraine in the field of prevention and counteraction to domestic violence, lists both its advantagesand disadvantages, reveals measures in the field of prevention and counteraction to domesticviolence, responsibility for domestic violence, the main directions of state policy in the field ofprevention and counteraction to domestic violence, types of domestic violence. Legal regulation of judicial protection for victims of domestic violence has been studied. Judicial practice in casesrelated to domestic violence was considered. Problems of exercising the right to a fair trial inUkraine in cases related to domestic violence were revealed. Conclusions. Undoubtedly, theadoption of the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, theintroduction of criminal liability for domestic violence and amendments to a number of regulationsto address domestic violence is a positive step in combating such a negative phenomenon asdomestic violence. At the same time, a significant number of issues remain unresolved. This isespecially true for the resolution of cases of domestic violence and the exercise of the right to afair trial in cases of domestic violence, as well as for the enforcement of court decisions on theissuance of restrictive orders. The need to develop a form for assessing the risks of recurrenceof domestic violence has been demonstrated, as has been done for police officers during theessessment of the need to issue an emergency injunction. The need to enshrine at the legislativelevel what is the preventive work of police officers with the offender and how it is carried outwas proved, because without proper regulation of this issue, this type of special measure tocombat domestic violence is declarative and not applied in practice. In addition, the problem ofrefusal of public and private executive services to enforce court decisions on the establishmentof restrictive measures is pointed out, which also requires legislative regulation. The need tostrengthen the position of the victim of domestic violence by giving her/him the opportunity toclaim compensation for non-pecuniary damage in criminal proceedings was noted.

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