A6 ECHR

Question 1

What is A6?

Answer 1

Right to a fair trial in civil/criminal proceedings

Question 2

Which case defines criminal charges?

Answer 2

ENGEL v NETHERLANDS

Question 3

When will A6 ECHR NOT apply?

Answer 3

Where national courts have determined no right exists in domestic law
ROCHE v UK 2005

Question 4

BOULOIS v LUXEMBOURG 2012 -> example of A6 not applying

Answer 4

• Prison board’s repeated refusal, with no right to appeal to administrative courts, to grant prisoner temporary leave
• Applicant could not claim on arguable grounds to possess a ‘right’ recognised
• NO CONSENSUS OF MS on prison leave
• A6 didn’t apply as in ROCHE 2005 = no violation

Question 5

What does ‘equality of arms’ mean

Answer 5

A fair balance between parties must exist -> STEEL & MORRIS v UK 2005

Question 6

Test established in ENGEL v NETHERLANDS 1976 for content of criminal charge

Answer 6

(I) Classification under domestic law
(II) Nature of the offence
(III) Nature and severity of the penalty imposed

Question 7

What did OCALAN v TURKEY establish within right to independent/impartial tribunal established by law?

Answer 7

Presence of military judges undermines standing of court in domestic setting -> should be civilian judge for criminal matters

Question 8

Which cases set test for impartiality of JURORS?

Answer 8

REMLI v FRANCE 1996

SANDER v UK 2001

Question 9

Test for impartiality of jurors

Answer 9

(I) Are there sufficient guarantees to exclude objectively justified or legitimate doubts to the impartiality of jurors?
(II) Was the redirection of the jury and positive assurance of impartiality that the judge sought/received from the jurors sufficient grantee of the jurors impartiality?