Procedural rules and/or access to justice in case law European Court of Human Rights

JURISPRUDENŢA CURŢII EUROPENE A DREPTURILOR OMULUI

Abstract

The present study concerns the balance that must be maintained between the need to ensure the right of access to justice, as a tool for ensuring respect for the other rights guaranteed by the European Convention on Human Rights, and the imperative of the orderly and predictable conduct of judicial proceedings, the rule of law and judicial discipline. This role is usually assumed by the courts of judicial review, which have more room for manoeuvre than ordinary courts.

Keywords: access to justice, formalism, access to justice on appeal.