The ECtHR does not review decisions of national courts of the States Parties to the European Convention. However, it has developed a pattern in its case law to find a violation of the Convention on the grounds that the fair hearing lacked if there was a case law inconsistency at the level of national jurisdiction. The ECtHR case law was settled in a Grand Chamber case against Turkey in 2011. To find a violation under Article 6 of the Convention the ECtHR requires two tests. Firstly, it must establish the existence of a profound and long-standing inconsistency in the domestic case law, and secondly, the ECtHR raises the issue of a mechanism aimed at removing the inconsistency. If the mechanism does not exist, or if it applied ineffectively, the ECtHR finds a violation of human rights. The author suggests the ECtHR should revisit its jurisprudence.
Keywords:
violation / tests / leading case / Inconsistent case Law / human rights
Source:
Anali Pravnog fakulteta u Beogradu, 2021, 69, 2, 297-320
TY - JOUR
AU - Popović, Dragoljub
PY - 2021
UR - https://ralf.ius.bg.ac.rs/handle/123456789/1816
AB - The ECtHR does not review decisions of national courts of the States Parties to the European Convention. However, it has developed a pattern in its case law to find a violation of the Convention on the grounds that the fair hearing lacked if there was a case law inconsistency at the level of national jurisdiction. The ECtHR case law was settled in a Grand Chamber case against Turkey in 2011. To find a violation under Article 6 of the Convention the ECtHR requires two tests. Firstly, it must establish the existence of a profound and long-standing inconsistency in the domestic case law, and secondly, the ECtHR raises the issue of a mechanism aimed at removing the inconsistency. If the mechanism does not exist, or if it applied ineffectively, the ECtHR finds a violation of human rights. The author suggests the ECtHR should revisit its jurisprudence.
T2 - Anali Pravnog fakulteta u Beogradu
T1 - Inconsistent adjudication: A violation of the right to fair trial under the European Convention on human rights
EP - 320
IS - 2
SP - 297
VL - 69
DO - 10.51204/Anali_PFBU_21201A
UR - conv_3344_6
ER -
@article{
author = "Popović, Dragoljub",
year = "2021",
abstract = "The ECtHR does not review decisions of national courts of the States Parties to the European Convention. However, it has developed a pattern in its case law to find a violation of the Convention on the grounds that the fair hearing lacked if there was a case law inconsistency at the level of national jurisdiction. The ECtHR case law was settled in a Grand Chamber case against Turkey in 2011. To find a violation under Article 6 of the Convention the ECtHR requires two tests. Firstly, it must establish the existence of a profound and long-standing inconsistency in the domestic case law, and secondly, the ECtHR raises the issue of a mechanism aimed at removing the inconsistency. If the mechanism does not exist, or if it applied ineffectively, the ECtHR finds a violation of human rights. The author suggests the ECtHR should revisit its jurisprudence.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Inconsistent adjudication: A violation of the right to fair trial under the European Convention on human rights",
pages = "320-297",
number = "2",
volume = "69",
doi = "10.51204/Anali_PFBU_21201A",
url = "conv_3344_6"
}
Popović, D.. (2021). Inconsistent adjudication: A violation of the right to fair trial under the European Convention on human rights. in Anali Pravnog fakulteta u Beogradu, 69(2), 297-320.
https://doi.org/10.51204/Anali_PFBU_21201A
conv_3344_6
Popović D. Inconsistent adjudication: A violation of the right to fair trial under the European Convention on human rights. in Anali Pravnog fakulteta u Beogradu. 2021;69(2):297-320.
doi:10.51204/Anali_PFBU_21201A
conv_3344_6 .
Popović, Dragoljub, "Inconsistent adjudication: A violation of the right to fair trial under the European Convention on human rights" in Anali Pravnog fakulteta u Beogradu, 69, no. 2 (2021):297-320,
https://doi.org/10.51204/Anali_PFBU_21201A .,
conv_3344_6 .
