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Reasons withheld and insufficient reasoning as due process violations: two cases before the ECHR

Foldes, Stephan (2016) Reasons withheld and insufficient reasoning as due process violations: two cases before the ECHR. [Working Paper] (Unpublished)

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    Abstract

    Two very different cases decided by the European Court of Human Rights illustrate how the non-availability of sufficient reasons, for pre-trial judicial decisions in one case, and for a decision in a civil and administrative matter in the other, can lead to due process violations in terms of Articles 5 or 6 of the Convention of Human Rights and Fundamental Freedoms.

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    Item Type: Working Paper
    Uncontrolled Keywords: due process, fair trial, access to court, pre-trial detention, remand in custody, availability for trial, risk of absconding, judicial reasoning, human rights convention, ECHR, Strasbourg Court, Letellier case, K.M.C. case
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > Third Pillar/JHA/PJCC/AFSJ > human rights
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    Other international institutions > Council of Europe
    Countries > France
    Countries > Hungary
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Depositing User: Stephan Foldes
    Official EU Document: No
    Language: English
    Date Deposited: 17 Feb 2016 21:35
    Number of Pages: 6
    Last Modified: 17 Feb 2016 21:35
    URI: http://aei.pitt.edu/id/eprint/71761

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