Abstract
The application of procedural guarantees of the right to a fair trial is significant for effective legal defence. Certain element of the right to a fair trial are applicable in enforcement proceedings, such the requirement for reasonable length of enforcement proceedings, cooperation between the parties, the principle of adversarial proceedings. Since enforcement proceedings are an integral part of litigation in the court, states may be liable for a failure to ensure effective enforcement proceedings.
Highlights
Enforcement proceedings form an integral part of the legal system
105. arbitration tribunal has a legal obligation/duty to ensure the right to a fair trial to some extent, this right should be expanded to the enforcement proceedings and that the Contracting States must ensure that the rights set forth in Article 6 of the Convention are given effect irrespective of the source of that judgment that has to be enforced
The requirement for the continuation of legal defence in the court and after litigation suggests that the same level of protection of human rights shall be ensured in enforcement proceedings
Summary
Enforcement proceedings form an integral part of the legal system. the position of enforcement proceedings in the legal system is still debatable and raises serious questions regarding the application of human rights in enforcement proceedings. The Supreme Court of Lithuania held that the actual enforcement of a judgment is an integral part of a person’s right to a fair trial, and situations in which the debtor does not voluntarily comply with enforcing the judgment should not be tolerated in a state governed by the rule of law.7 This idea of integral enforcement proceedings has been affirmed by the further case law of the ECHR and the documents prepared by the Council of Europe. In 2003 the Council of Europe adopted recommendations in which it stated that the enforcement of a court judgment within a reasonable time is an integral part of the fundamental human right to a fair trial, in accordance with Article 6 of the Convention.. We discuss further what elements of the right to a fair trial are (or may be) applicable in enforcement proceedings
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