Summary
The right to appeal is not guaranteed in the determination of a suit at law.
Obligations
Election Parts
Quotes
- Article 14, Paragraph 5 [providing that anyone convicted of a crime shall have the right to have their conviction and sentence reviewed by a higher tribunal] does not apply to procedures determining rights and obligations in a suit at law or any other procedure not being part of a criminal appeal process, such as constitutional motions.
- The right of equal access to a court, embodied in article 14, paragraph 1, concerns access to first instance procedures and does not address the issues of the right to appeal or other remedies.
- The essential elements of a fair hearing include: j) an entitlement to an appeal to a higher judicial body.
- The decision of the tribunal that reviews an administrative act should, at least in important cases, be subjected to appear to a higher tribunal, unless the case is directly referred to a higher tribunal in accordance with the national legislation.
- Normally, the proceedings should consist of not more than two hearings, the first of which might be a preliminary hearings of a preparatory nature and the second for taking evidence, hearing arguments and, if possible, giving judgment.
- Moreover, particular rules or sets of rules should be instituted in order to expedite the settlement of disputes: a. in urgent cases; b. in cases relating to an undisputed right or an established liquidated claim and in cases involving small claims;c. in the field of road accidents, labour disputes, landlord and tenant issues and certain questions of family law, in particular the fixing and reassessment of maintenance. (2) To this end, one or more of the following measures could be utilised: simplified methods of commencing litigation; no hearing or the convening of only one hearing or, as the occasion may require, of a preliminary preparatory hearing; exclusively written or oral proceedings, as the case may be; prohibition or restriction of certain exceptions and defences; more flexible rules of evidence; no adjournments or only brief adjournments; the appointment of a court expert, either ex officio or on application of the parties, if possible at the commencement of the proceedings; an active role for the court in conducting the case and in calling for and taking evidence.