Type: Judgment

Authority: National Courts: Merit's Courts (England) - Scottish High Court of Justiciary

Date: 02/06/2009

Subject: The Court, with reference to the jurisprudence of the ECHR, has explained clearly that the principle of fair trial, provided by the Convention, concerns exclusively proceedings provided by the national legal system, but it does not guarantee any particular content in substantive norms: “Article 6(1) extends only to 'contestations' (disputes) over (civil) 'rights and obligations which can be said, at least on arguable grounds, to be recognized under domestic law: it does not in itself guarantee any particular content for (civil) 'rights and obligations' in the substantive law of the Contracting States."

Parties: Procurator Fiscal c/ King

Original language: English

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing

Text