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.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Rights under the Convention
- The right to fair trial under Art. 6 ECHR
- The Court's judgment in Maaouia v. France
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to provide legal practitioners in Germany, the Netherlands, Belgium, the United Kingdom, and Turkey with a concise guide on navigating the application of the right to fair trial (Article 6 of the European Convention on Human Rights) in immigration law cases. The text focuses on the specific challenges arising from the high caseload in immigration courts and a potential lack of knowledge regarding the European Convention, highlighting the need for lawyers to be well-informed about the rights of their clients in this context.
- The applicability of the right to fair trial under Article 6 of the ECHR to immigration law cases
- Challenges and complexities in applying Article 6 to immigration law proceedings, including the high caseload of immigration courts and potential lack of knowledge regarding the European Convention
- The importance of ensuring that lawyers are well-informed about the rights of their clients in immigration law cases
- The need for lawyers to understand the Convention and its jurisprudence to effectively represent their clients in Strasbourg
- The potential impact of the Convention on domestic courts and the role of domestic courts in safeguarding the rights of immigrants
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the topic of the right to fair trial in immigration law cases and highlights the specific challenges and complexities faced by lawyers in Germany, the Netherlands, Belgium, the United Kingdom, and Turkey. It emphasizes the importance of providing lawyers with practical guidance on how to approach both domestic courts and the European Court of Human Rights in these matters.
- Rights under the Convention: This chapter explores the scope of the European Convention on Human Rights, clarifying that the rights under the Convention apply to everyone within the jurisdiction of the respondent state, including foreigners who have been deported. The chapter also highlights the concept of “jurisdiction” as it pertains to the ECHR, emphasizing that it extends beyond the physical borders of a state.
- The right to fair trial under Art. 6 ECHR: This chapter examines the right to fair trial under Article 6 of the ECHR, emphasizing its importance in immigration law cases, particularly given the potential for state involvement in the proceedings and the significant impact on the future of the applicant and their family. The chapter discusses the challenges of defining “civil rights” in the context of immigration law and how the principle of a fair trial applies in this area.
- The Court's judgment in Maaouia v. France: This chapter analyzes the landmark decision in Maaouia v. France, which dealt with the question of whether the right to fair trial under Article 6 applies to expulsion procedures for aliens. The chapter explores the Court’s interpretation of Article 6 §1 and the Commission’s previous rulings on this issue.
Schlüsselwörter (Keywords)
This essay focuses on the right to fair trial, immigration law, European Convention on Human Rights, Article 6 ECHR, jurisprudence, legal practice, domestic courts, European Court of Human Rights, asylum seekers, expulsion procedures, and the rights of migrants.
- 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
