Chapter

Procedural Fairness in Europe: The European Convention on Human Rights and the European Union

D. J. Galligan

in Due Process and Fair Procedures

Published in print January 1997 | ISBN: 9780198256762
Published online March 2012 | e-ISBN: 9780191681660 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256762.003.0007
Procedural Fairness in Europe: The European Convention on Human Rights and the European Union

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This chapter discusses the approach taken to procedural fairness within the European Convention on Human Rights (ECHR) and the European Union. The provision for procedural fairness is made in Article 6(1) of the ECHR. The approached expressed in this Article has the same logical pattern as English and American law: the first part imposes a threshold test which must be met in order to attract certain procedures, while the second part states what those procedures are. In the constitutional documents of the European Union, little is said about procedures and even less about procedural fairness. Apart from the duty of the Commission to give reasons for certain of its actions pursuant to the EEC Treaty, procedural matters are left largely to be dealt with either in subordinate legislation by way of regulations of directives, or by the European Court in developing the legal principles of the Union.

Keywords: procedural fairness; European Convention on Human Rights; ECHR; European Union; threshold test; EEC Treaty; European Court

Chapter.  6511 words. 

Subjects: Human Rights and Immigration

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