Evaluarea calităţii reprezentării prin prisma dreptului la un proces echitabil // Assessing the quality of representation through the lens of the right to a fair trial

Abstract

The representative, whether legally appointed or chosen by the party, has an important role to play in the shaping of a case, from the moment the case is referred to the judicial authority, until exercising the right to appeal. Thus, if representation is not effective, the problem of a violation of the fundamental right to a fair trial arises. However, the real challenge lies in determining how the quality of representation can be assessed, who can decide on it and what remedies exist and are desirable in order to avoid the violation of the right to a fair trial, in terms of the right of access to justice, in civil matters, and also with regard to the right to be defended by a lawyer, in criminal matters.

Keywords

• representation
• quality
• practical and effective legal assistance
• right to a fair trial
• access to justice