Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article

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Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency

Applications of the ‘Fair Hearing’ Norm in ECHR Article 6(1) to Civil Proceedings

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Ola Johan Settem

Applications of the ‘Fair Hearing’ Norm in ECHR Article 6(1) to Civil Proceedings With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency

Ola Johan Settem Kluge Attorneys at law (AS) Stavanger Norway

This book is a slightly revised and updated version of the author’s doctoral dissertation, which was written while the author was a PhD candidate at the Faculty of Law at the University of Bergen. The dissertation was submitted in November 2014, and publicly defended on 28 April 2015. ISBN 978-3-319-24881-3 ISBN 978-3-319-24883-7 DOI 10.1007/978-3-319-24883-7

(eBook)

Library of Congress Control Number: 2015955732 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)

Note on the Method of Citation

In this work, judgments by the European Court of Human Rights are referred to simply by the name which each judgment is given in the HUDOC database (http:// hudoc.echr.coe.int), like this: Airey v. The United Kingdom; Schuler-Zgraggen v. Switzerland; Verd^ u Verd^ u v. Spain. In the attached Table of Cases, the judgments are listed in alphabetical order, along with the date each judgment was delivered. In addition, judgments by the Plenary Session or the Grand Chamber are identified as follows: Borgers v. Belgium [PS]; Vermeulen v. Belgium [GC]. Committee judgments are identified as follows: Kowalski v. Poland [Comm]. As regards other decisions by the Strasbourg organs (reports and decisions by the former European Commission of Human Rights,