Fair Trial and the Interpretation Approach Adopted by the Strasbourg Court

European Journal of Crime, Criminal Law and Criminal Justice, 2017, Vol. 25

16 Pages Posted: 7 Oct 2019

See all articles by Simone Lonati

Simone Lonati

Bocconi University - Department of Law

Date Written: January 12, 2017

Abstract

The interpretation of the European Convention of Human Rights is not a process unknown to the national interpreter. This explains the importance of understanding the different methods employed by the Strasbourg Court in the interpretation of the Convention provisions. The main criticism that has been addressed to the Court’s interpretation activity is the belief that Strasbourg has over the years failed to outline a univocal interpretation framework, choosing to resort to different canons of interpretation from time to time based on the specific circumstances of the case under examination and the interests at stake. This paper aims to demonstrate how such criticism is ill-founded and how in fact a predominant role can be assigned to the teleological approach, serving as a guideline in the logical argumentative process and ensuring a concrete and effective protection of the rights of defence, in compliance with the “context”, “object” and “purpose” of the Convention.

Keywords: ECHR, Fair Trial, Guarantees, Interpretation, Human Rights

JEL Classification: K14

Suggested Citation

Lonati, Simone, Fair Trial and the Interpretation Approach Adopted by the Strasbourg Court (January 12, 2017). European Journal of Crime, Criminal Law and Criminal Justice, 2017, Vol. 25, Available at SSRN: https://ssrn.com/abstract=3451738

Simone Lonati (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

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