Protection of the Right to a Fair Trial within a Reasonable Time: Case Law of the European Court of Human Rights and an experience of foreign countries

Abstract

In the article with the requirements of Art. 6 (§1), Art. 13 of the ECHR and case law of the European Court of Human Rights author reviews questions related to obligation of the state to ensure the existence of effective legal remedies for the protection of the right to a fair trial within a reasonable time at a national level. An experience of foreign countries of such remedies is analyzed and it is proposed to provide a complex remedies corresponding right that would include accelerating and compensatory elements

Keywords

• right to a court
• right to a fair trial
• reasonable time of the trial
• effectiveness of civil procedure
• effective legal remedies for the protection of the right to a fair trial within a reasonable time