PDF - Casebook on European fair trial standards in administrative justice (2016)
Interest in administrative justice and the judicial review of administrative acts has been growing in many countries recently, including many Council of Europe member states. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. An administrative process should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law and result in an enforceable judgment that is pronounced publicly.
This casebook, the first of its kind, provides a systematic and accessible overview of what administrative justice means for Council of Europe member states. The case law of the European Court of Human Rights on the right to a fair trial is described and analysed as it relates to administrative proceedings.
It is the hope of the Council of Europe and the Folke Bernadotte Academy that this casebook will help practitioners in the field of administrative justice to ensure fair trial standards and their principles applicable under Article 6, paragraph 1, of the European Convention on Human Rights are respected and, by doing so, further strengthen the rule of law and the accountability and transparency of public administration and administrative justice in the member states of the Council of Europe.
Why is administrative justice important?
Monitoring administrative justice proceedings
Casebook on European fair trial standards in administrative justice
CHAPTER 1 – THE SCOPE OF ARTICLE 6(1)
CHAPTER 2 – COURTS AND TRIBUNALS
CHAPTER 3 – ACCESS TO A COURT
CHAPTER 4 – PUBLIC AND ORAL HEARINGS
CHAPTER 5 – EQUALITY OF ARMS AND ADVERSARIAL TRIAL
CHAPTER 6 – TRIAL WITHIN REASONABLE TIME
CHAPTER 7 – PUBLIC AND REASONED JUDGMENT
CHAPTER 8 – EXECUTION OF JUDGMENTS
LIST OF CASES BY CHAPTER
1. The scope of Article 6(1)
2. Courts and tribunals
3. Access to a court
4. Public and oral hearings
5. Equality of arms and adversarial trial
6. Trial within a reasonable time
7. Public and reasoned judgment
8. Execution of judgments
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