The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey


Scientific Essay, 2011

10 Pages


Abstract or Introduction

Is the right to fair trial applicable to immigration law cases? In this essay, we will see that the situation in Germany, the Netherlands, Belgium, the United Kingdom and Turkey differs significantly from the situation in the other states which are parties to the European Convention on Human Rights (ECHR). It is the aim of this text to provide lawyers in those countries with a short guidance as to how to approach both the European Court of Human Rights but also – and even more importantly – domestic courts with regard to this issue. In particular the high caseload of immigation law courts as well as a lack of knowledge about the Convention make it necessary for practising lawyers to be informed about the rights of their clients.
This article is designed as a practical guide and first reference paper for lawyers to assess the prospect of cases dealing with rights of migrants. The first part of this article will deal with ratione loci of the ECHR and its fundamental jurisprudence focusing on the special issues appearing in the context of migration law. In the second part the right to a fair trial under Art. 6 ECHR will be addressed including recent rulings of the Court and fundamental questions regarding the administrative procedure of granting asylum. The final part will be dealing with the rights of asylum seekers in countries which did not ratify Protocol 7 and the consequences this fact entails.

Details

Title
The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey
Course
Rechtswissenschaft (Völkerrecht)
Author
Year
2011
Pages
10
Catalog Number
V178891
ISBN (eBook)
9783656011675
ISBN (Book)
9783656011859
File size
408 KB
Language
English
Keywords
Human Rights, 2011, Menschenrechte, Immigration, Germany, Turkey, Netherlands, ECHR, European, European Convention, Strasbourg, Belgium, United Kingdom, England, Fair Trial, European Convention on Human Rights
Quote paper
Rechtsanwalt Stefan Kirchner (Author), 2011, The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey, Munich, GRIN Verlag, https://www.grin.com/document/178891

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