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The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey

Scientific Essay 2011 10 Pages

Law - European and International Law, Intellectual Properties

Excerpt

The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey

Stefan Kirchner[1]

Abstract

Is the right to fair trial applicable to immigration law cases? In this essay, we will see that the situation in Germany, the Netherlands, Belgium, the United Kingdom and Turkey differs significantly from the situation in the other states which are parties to the European Convention on Human Rights[2] (ECHR). It is the aim of this text to provide lawyers in those countries with a short guidance as to how to approach both the European Court of Human Rights but also – and even more importantly – domestic courts with regard to this issue. In particular the high caseload of immigation law courts as well as a lack of knowledge about the Convention make it necessary for practising lawyers to be informed about the rights of their clients.

This article is designed as a practical guide and first reference paper for lawyers to assess the prospect of cases dealing with rights of migrants. The first part of this article will deal with ratione loci of the ECHR and its fundamental jurisprudence focusing on the special issues appearing in the context of migration law. In the second part the right to a fair trial under Art. 6 ECHR will be addressed including recent rulings of the Court and fundamental questions regarding the administrative procedure of granting asylum. The final part will be dealing with the rights of asylum seekers in countries which did not ratify Protocol 7 and the consequences this fact entails.

Introduction

Is the right to fair trial applicable to immigration law cases? In this essay, we will see that the situation in Germany, the Netherlands, Belgium, the United Kingdom and Turkey differs significantly from the situation in the other states which are parties to the European Convention on Human Rights[3] (ECHR). It is the aim of this text to provide lawyers in those countries with some guidance[4] as to how to approach both the European Court of Human Rights but also – and even more importantly – domestic courts with regard to this issue. In particular the high caseload of immigation law courts as well as a lack of knowledge about the Convention make it necessary for practising lawyers to be informed about the rights of their clients.

In that sense, this text is written by a lawyer for lawyers. The author has been practising before the European Court of Human Rights for years and his law firm has even developed a whole European Human Rights Programme[5] in the context of which not only clients but also other law firms are being informed about the Convention. The latter approach appears especially important because clients whose case is headed for Strasbourg have usually been through a number of instances during the domestic proceedings and therefore often have forged a long-standing relationship with their domestic lawyers. While this attorney might be an expert in his or her field on the national level, most law firms, even bigger ones, lack the expertise to successfully represent their clients in Strasbourg. In this context, it needs to be noted that the Court does not require a client to be represented by an attorney, which mak-es it even more important for local attorneys, who might normally never have any reason to look at European Human Rights Law, to be able to import specialist knowledge on European Human Rights Law into their work, securing the benefit of their clients as well as ensuring the attorneys’ ability to provide the full amount of service the client expects and requires.

[...]


[1] Admitted to the bar in Germany (Rechtsanwalt); Referendar jur. (Giessen, 2005); Assessor jur. (Frankfurt, 2008); Magister Juris Internationalis (Giessen, 2009); Rechtsanwaltskanzlei Kirchner, Büro Rhein Main, Platz der Einheit 1, 60327 Frankfurt am Main, Germany; www.humanrightslawyer.eu.

[2] available online at http://conventions.coe.int/treaty/en/Treaties/Html/005.htm.

[3] Available online at http://conventions.coe.int/treaty/en/Treaties/Html/005.htm.

[4] A first introduction for a more global readership is available at http://jurist.law.pitt.edu/sidebar/2011/08/stefan-kirchner-echr-immigration.php.

[5] For more information see www.humanrightslawyer.eu.

Details

Pages
10
Year
2011
ISBN (eBook)
9783656011675
ISBN (Book)
9783656011859
File size
408 KB
Language
English
Catalog Number
v178891
Grade
Tags
Human Rights 2011 Menschenrechte Immigration Germany Turkey Netherlands ECHR European European Convention Strasbourg Belgium United Kingdom England Fair Trial European Convention on Human Rights

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Title: The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey