2: Sources of the Right to a Fair Trial and Due Process of Law

Question 1

composition of ECHR

Answer 1

established by section 2 of the convention

permanent court with 1 judge per member state

judges elected by parliament of the council of europe

Question 2

proceedings before the ECHR

Answer 2

need to exhaust all recourse in member state before presenting an application to the court

any individual, NGO or group of individuals can bring a case before court

conditions

• exhaustion of domestic remedies
• present a complaint against a contracting member state that is party to the convention (not private entitites/individuals)
• prove that you have a significant disadvantage (an injury)

single judge < committees < chamber < grand chamber

Question 3

composition of Supreme Court of the US

Answer 3

9 justices appointed by President and validated by Senate

constitution silent on the number of justices

SCOTUS can declare federal laws unconstitutional

Question 4

proceedings before the Supreme Court

Answer 4

ask the SC to review the decision of a lower court or the court of appeal of one of the states

takes 4 justices to grant a petition and decide to hear a case

SCOTUS free to take or not take any cases

case on the docket - written arguments - oral arguments - rulings issued

Question 5

composition of the CC in France

Answer 5

9 members

1/3 of members change every 3 years

• President, President of NA and President of Senate each appoint a new member
• hearing before constitutional committee of each house
• veto power only if 3/5 of the committee votes negatively

Question 6

the right to a fair trial/due process of law in the US

Answer 6

the convention

• Article 5: right to liberty and security
• Article 6: right to a fair trial
• Article 7: no punishment without law
• Article 13: right to an effective remedy

original constitution

• Article I, Section 9: right to habeas corpus
• Article III, Section 2: trial by jury

bill of rights

• Amendment V: cannot be deprived of life, liberty or property (federation)
• Amendment XIV: cannot be deprived of life, liberty or property (states)

Question 7

the right to a fair trial/due process of law in France

Answer 7

most comes from case law of the CC, not as much compared with the US

declaration of 1789
- some about criminal proceedings

constitution

• Article 66: no arbitrary detention
• Article 66-1: no sentencing to death