Legea și Viața (Sep 2024)
THE VALUE AND ASPECTS OF THE RIGHT TO A FAIR TRIAL FROM THE PERSPECTIVE OF LEGAL SECURITY
Abstract
The study is dedicated to the right to a fair trial, with the aim of highlighting the necessity of researching and understanding its essence, dimensions, and content to successfully strengthen the internal legal mechanism for its enforcement and protection, as a factor ensuring legal security. A distinct emphasis is placed on the need to distinguish the content and interpretation of this right by the Strasbourg Court from its understanding and the mechanism of its protection, assurance, and enforcement at the state level. To this end, the national and international legal regulations are presented, and the semantics of such terms as “equity”, “fair justice”, “fair trial” and “principle of equity” are clarified.
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