Judicial review in civil proceedings – Selected case law of the European Court of Human Rights 2019-2021 –

JURISPRUDENŢA CURŢII EUROPENE A DREPTURILOR OMULUI

Abstract

The European Convention on Human Rights1 deals in Article 6 with the right of parties to a fair trial. Article 13 also guarantees the right to an effective means of challenge in the event of an alleged violation of a right guaranteed by the Convention. The purpose of this text is to recall the essential principles arising from case law on the existence of means of challenge and the rights of the parties to be respected in the hearing of such means of challenge, and to briefly review the case law on the subject over the last two years. We will also indicate those cases in which the European Court of Human Rights (hereafter the Court) has held that, although there is no means of challenge in respect of a circumstance submitted to it, the Convention would have required there to have been such a control.

Keywords: scope of Article 6 ECHR, access to justice, limitations, right to an effective means of challenge