Fair Trials in Europe - Bachelor

The course aims to provide the students with a thorough knowledge and understanding of the requirements of a fair trial according to the European Convention of Human Rights (ECHR) and the European Union Carter of Fundamental Rights (CFR).

Firstly, some preliminary topics are given attention; the historical and philosophical background of the right to a fair trial, the aims and purposes of the right, and the relationship between the right to a fair trial and other human and fundamental rights. The relevance and importance of the right to a fair trial in Europe is also underscored, i.e. the relationship between the right to a fair trial and the rule of law-requirement and the principle of separation of powers. In order to provide for perspectives on the right to a fair trial in the European legal instruments, the two main directions in European national criminal procedure are presented; the inquisitorial (continental) and the adversary (common law-jurisdictions).

Secondly, an overview is given of the legal systems and institutions responsible for upholding the right to a fair trial in Europe (the Council of Europe and the European Union). Attention is also drawn to the relationship and interplay between the protection of the right to a fair trial in the ECHR and the CFR.

Thirdly, the course focuses on the content of the right to a fair trial. ECHR Article 6 is given considerable attention. The field of application of the right, the fair trial guarantees which apply in civil cases and in criminal cases; the right to a fair and public hearing within a reasonable time, and the right to an independent and impartial tribunal established by law. In addition the fair trial principles established by the case law of the European Court of Human Rights are discussed, e.g. the right of access to court, the principles of effective court proceedings, legal certainty and finality of judgments (res judicata), equality of arms, the right to an adversarial process and disclosure of evidence, to appear in person at one¿s trial and a reasoned decision.

In line with the case law of the European Court of Human Rights, the fair trial rights in criminal cases are dealt with thoroughly: e.g. the right to silence and freedom from self incrimination, limits on police methods of investigation, right to access to the case file, the different aspects of the presumption of innocence, the principle of immediacy and its exceptions, and limitations on the use of illegal obtained evidence during trial. In addition, the specific minimum defence rights established in Article 6 No. 3 are discussed (right to be informed promptly, in a language which the accused understands and in detail, of the nature and cause of the accusation against him, right to have adequate time and facilities for the preparation of defence, right to defend oneself in person or through legal assistance of his own choosing or, if he has not a sufficient means to pay for legal assistance, to be given it free when the interests of justice so require, right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and the right to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Fair trial rights established in other provisions are also part of the course, i.e. Article 2 of Protocol 7 to the Convention (right of appeal in criminal matters), Article 3 (compensation for wrongful conviction) and Article 4 (right not to be tried or punished twice).

The parallel fair trial rights established in CFR will be discussed systematically together with the discussion of the ECHR rights in order to underscore the relationship and interplay between the rights. Special emphasis is given to Article 47 (right to an effective remedy and to a fair trial), Article 48 (presumption of innocence and right of defence and Article 50 (right not to be tried or punished twice in criminal proceedings for the same criminal offence).

Knowledge

Having completed the course, the students will have acquired thorough knowledge and understanding of the European legal standards on what constitutes a fair trial.

Skills

The students will be able to carry out independent analysis of what constitutes a fair trial in criminal, administrative and civil proceedings in Europe. In addition to conduct or appear as an actor in civil and criminal trials within the various legal systems in Europe, securing that the right to a fair trial is respected.

The students will also be in position to carry out critical assessments and contribute to the ever-ongoing development of European fair trial standards.

General competence

Having completed the course, the students are able to work independently or as part of a team on matters involving the requirements to a fair trial in Europe, both on a theoretical and practical level.