Translating the convention's fairness standards to the European Court of Human Rights : an exploration with a case study on legal aid and the right to a reasoned judgment
Title: Translating the convention's fairness standards to the European Court of Human Rights : an exploration with a case study on legal aid and the right to a reasoned judgment
Author: GLAS, Lize R.
Citation: European journal of legal studies, 2018, Vol. 10, No. 2, pp. 47-82
External link: http://www.ejls.eu/
The European Court of Human Rights (ECtHR) has clarified when domestic procedures are fair, but it remains unclear when the ECtHR’s own procedures are fair. Yet, clarifying the requirements of procedural fairness applicable to the ECtHR is important, especially in a context where doubts have been expressed about the fairness of some of the Strasbourg procedures. This article proposes that the fairness standards from the ECtHR’s case law, which apply to domestic authorities, can be applied to the Strasbourg Court. These standards must, however, be adapted to or ‘translated’ into the ECtHR’s context, because its context is so different from that of domestic authorities. This article, therefore, develops eleven principles of translation. The usefulness of the principles is tested by employing those principles to translate two fairness standards: the right to legal aid and the right to a reasoned judgment. Subsequently, the usefulness of the translated standards is evaluated by applying those translated standards to two aspects of the ECtHR’s practice: the granting of legal aid and single-judge decisions.
Type of Access: openAccess