Publication details
Borders of the landscape of criminal procedure erected by the ECHR
| Authors | |
|---|---|
| Year of publication | 2017 |
| Type | Article in Proceedings |
| Conference | Constitutional values in contemporary legal space II |
| MU Faculty or unit | |
| Citation | |
| web | Open access |
| Field | Law sciences |
| Keywords | criminal procedure; European Court of Human Rights; right to a fair trial |
| Attached files | |
| Description | This paper deals with the interaction of the ECHR rights with the legislative power of member states of the CRHR regarding the criminal procedure. Its main thesis is that there is an ongoing process of quite substantial “demarcation” of the borders of the criminal procedure by the ECHR’s case law that is usually perceived solely from the viewpoint of human rights protection, methodology included, but the perspective of criminal procedural law doctrine is mostly neglected. This might create difficulties when having to take both criminal-procedural law and the ECHR’s case law into consideration, because a systematic and integrating analysis from both those standpoints has been prevalently missing. |
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