The right to a fair trail according to Article 6 of the ECHR and Article 42 of the Albanian Constitution

• Pages: 185-191
• Date: 01 January 2021
• Published date: 01 January 2021
• Author: Blerina Paja,Viola Shtino
• Subject Matter: Derecho Público y Administrativo

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 5 No. 1

January, 2021

ISSN 2519-1284

Acces online at www.iipccl.org

185

The right to a fair trail according to Article 6 of the ECHR and Article 42 of the

Albanian Constitution

Blerina Paja

Institute of Statistics of Albania

Viola Shtino

University “AleksanderMoisiu” of Durres, Albania

Abstract

This article will be focused on the right to a fair trial, as one of the basic elements for

guaranteeing many other human rights and fundamental freedoms,as well as an instrument

to implement important democratic principles. The article is guided by two main approaches.

Firstly, it treats dierent aspects of the legal theory on the right to a fair trial and due process,

and secondly, the connection of these theoretical and legal aspects with the practical part,

the interpretation of the norms guaranteeing the right to a fair trial and due process by the

European Court of Human Rights (ECHR) and the Constitutional Court of the Republic of

Albania (CCRA). We will analyze the Article 6 of the ECHR and Article 42 of the Albanian

Constitution, looking at the dierence and how they have interpreted the right to a fair trial

and due process of law. To make the analysis as complete as possible, we will bring some of the

most important decisions taken from the case-law of the ECHR and the case-law of the CCRA.

Keywords: due process, fair trial, Article 6, Article 42, Convention.

Introduction

The rule of law covers a variety of policy areas and includes political, constitutional,

legal, and human rights issues. Any democratic society that aims to promote human

rights must recognize the supremacy of the law as a fundamental principle. It is

important to understand that human rights cannot be achieved without the rule of

law and without fair trial. The principle of the rule of law and fair trial guarantees

that no one will be persecuted or arrested arbitrarily and that everyone has the right

to a fair and public hearing by an independent and impartial tribunal established by

law.

In this article we will talk about the notion of the fair trail and due process. This

article decribes the processes of civil and criminal proceedings, with concrete cases

brought by the case law of the ECHR andConstitutional Court of Albanianalleging

that Article 6 of the ECHR has been violated.

The right to a fair trial is developed over thousands years ago, in the Magna Carta

which dates back to 1215. The article 39 of the Magna Carta denes that “no free man

is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other

way ruined, nor will we go against him or send against him, except by the lawful

judgment of his peers or by the law of the land” 1.

 1 https://magnacarta.cmp.uea.ac.uk/read/magna_carta_1215/Clause_39