Publication: Conceptul dreptului la un proces echitabil prin prisma doctrinei internaţionale
Date
Authors
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Volume Title
Publisher
ASEM
Abstract
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ZAPOROJAN, Veaceslav, BÂCU, Igor. Conceptul dreptului la un proces echitabil prin prisma doctrinei internaţionale. In: Competitivitatea şi inovarea în economia cunoaşterii [online]: conf. şt. intern., 22-23 sept., 2017: Culegere de articole. Chişinău: ASEM, 2018, vol. 2, pp. 146-151. E-ISBN 978-9975-75-894-9.
The actuality of research is determined by the reality lived now by the Moldovan society which identifies fundamental problems before autochthonous judicial science for finding those solutions which would increase the efficiency of constitutional guarantees designed to ensure the observance of fundamental human rights and freedoms and the right to a fair trial, in particular. But the successful implementation of the principle of right to a fair trial also needs among others the formulation of the concept of fair trial through the light of approaches reflected in the contemporary doctrine, objective we strive to realize in this work. In the achievement of the objective mentioned above there were used several methods of research which are specific for the juridical research and they are the method of documentation, bibliographic research, logical method and comparative method. Results achieved. Despite the difficulties identified by the doctrine for defining the concept of the right to a fair trial, which are the result of the confluence of two different judicial systems – the continental system and the Anglo-Saxon system, the situation of justice seekers from the practical point of view is not affected, but on the contrary it is favored and this fact is due to the principle – constantly applied by ECHR in its jurisprudence – for ensuring rights in an “effective and concrete” manner and no-way “ illusory and pure theoretical”. All the findings specified in the research determine us to come with our own formulation of fair trial which in our opinion represents a basic principle of public order designed to ensure the procedural balance of parties and the legality of procedure by the observance of some guarantees which suppose the free access to justice, public character of discussions held in the limits of the reasonable term by an independent and impartial court legally instituted, providing the right to a defender and pronouncing a motivated decision. JEL: K4, K41
The actuality of research is determined by the reality lived now by the Moldovan society which identifies fundamental problems before autochthonous judicial science for finding those solutions which would increase the efficiency of constitutional guarantees designed to ensure the observance of fundamental human rights and freedoms and the right to a fair trial, in particular. But the successful implementation of the principle of right to a fair trial also needs among others the formulation of the concept of fair trial through the light of approaches reflected in the contemporary doctrine, objective we strive to realize in this work. In the achievement of the objective mentioned above there were used several methods of research which are specific for the juridical research and they are the method of documentation, bibliographic research, logical method and comparative method. Results achieved. Despite the difficulties identified by the doctrine for defining the concept of the right to a fair trial, which are the result of the confluence of two different judicial systems – the continental system and the Anglo-Saxon system, the situation of justice seekers from the practical point of view is not affected, but on the contrary it is favored and this fact is due to the principle – constantly applied by ECHR in its jurisprudence – for ensuring rights in an “effective and concrete” manner and no-way “ illusory and pure theoretical”. All the findings specified in the research determine us to come with our own formulation of fair trial which in our opinion represents a basic principle of public order designed to ensure the procedural balance of parties and the legality of procedure by the observance of some guarantees which suppose the free access to justice, public character of discussions held in the limits of the reasonable term by an independent and impartial court legally instituted, providing the right to a defender and pronouncing a motivated decision. JEL: K4, K41
Keywords
equity, the law of fair trail, fair trail guarantees, access to justice, independence and impartiality of the court, protection of human rights