DOI: 10.5553/HYIEL/266627012019007001023

Hungarian Yearbook of International Law and European LawAccess_open

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Fair Trial under Scrutiny

Keywords Constitutional Court of Hungary, right to a fair trial, Article 6 ECHR, Article XXVIII of the Fundamental Law of Hungary, Hungarian Code of Criminal Procedure
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Ágnes Czine, 'Fair Trial under Scrutiny', (2019) Hungarian Yearbook of International Law and European Law 419-429

    The right to a fair trial has an eminent position in the Fundamental Law of Hungary both because of the importance of the right and the great number of applications and jurisprudence it has been the subject of. This study presents the legal background of fair trial and its place in the Hungarian legal system, analyzing the jurisprudence of the Hungarian Constitutional Court on the right to fair trial, and in particular, the obligation to adjudicate within a reasonable time. While the Constitutional Court has developed a consistent practice in this regard, there are nevertheless new issues that may make the amendment of certain pieces of legislation necessary. This paper presents a case-study on a new development in the Constitutional Court’s practice on the issue of deciding the case within a reasonable time.

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