Fitness to Stand Trial: A General Principle of European Criminal Law?
This article reflects on whether the principle of fitness to stand trial, which follows from Article 6 ECHR, should be incorporated as a general principle in European criminal law. The notion of fitness to stand trial seems to be generally accepted in both common law and civil law systems. In Sectio...
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Utrecht University School of Law
2011-10-01
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doaj-72394ed17c0c4a9681cdd56134147c8a2020-11-25T03:18:17ZengUtrecht University School of LawUtrecht Law Review1871-515X2011-10-017312013610.18352/ulr.174169Fitness to Stand Trial: A General Principle of European Criminal Law?Liselotte van den Anker0Lydia Dalhuisen1Marije Stokkel2Utrecht University School of LawUtrecht University School of LawUtrecht University School of LawThis article reflects on whether the principle of fitness to stand trial, which follows from Article 6 ECHR, should be incorporated as a general principle in European criminal law. The notion of fitness to stand trial seems to be generally accepted in both common law and civil law systems. In Section 2 the practices in both law systems will be dealt with. In order to make sure that effective participation, and thereby fitness to stand trial, is guaranteed, the ECtHR demands that Contracting States take positive measures. An elaborated analysis of the case law of the ECtHR is provided in Section 3. Building on the ECtHR's case law, in Section 4 the authors will elaborate how general principles of European criminal law are established and whether fitness to stand trial can be regarded as such. Finally, in Section 5 an answer will be given to the following question: Can fitness to stand trial be regarded as a general principle of European criminal law?http://www.utrechtlawreview.org/articles/10.18352/ulr.174/fitness to stand trialArticle 6 ECHReffective participationactive dutygeneral principle of Union Law |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Liselotte van den Anker Lydia Dalhuisen Marije Stokkel |
spellingShingle |
Liselotte van den Anker Lydia Dalhuisen Marije Stokkel Fitness to Stand Trial: A General Principle of European Criminal Law? Utrecht Law Review fitness to stand trial Article 6 ECHR effective participation active duty general principle of Union Law |
author_facet |
Liselotte van den Anker Lydia Dalhuisen Marije Stokkel |
author_sort |
Liselotte van den Anker |
title |
Fitness to Stand Trial: A General Principle of European Criminal Law? |
title_short |
Fitness to Stand Trial: A General Principle of European Criminal Law? |
title_full |
Fitness to Stand Trial: A General Principle of European Criminal Law? |
title_fullStr |
Fitness to Stand Trial: A General Principle of European Criminal Law? |
title_full_unstemmed |
Fitness to Stand Trial: A General Principle of European Criminal Law? |
title_sort |
fitness to stand trial: a general principle of european criminal law? |
publisher |
Utrecht University School of Law |
series |
Utrecht Law Review |
issn |
1871-515X |
publishDate |
2011-10-01 |
description |
This article reflects on whether the principle of fitness to stand trial, which follows from Article 6 ECHR, should be incorporated as a general principle in European criminal law. The notion of fitness to stand trial seems to be generally accepted in both common law and civil law systems. In Section 2 the practices in both law systems will be dealt with. In order to make sure that effective participation, and thereby fitness to stand trial, is guaranteed, the ECtHR demands that Contracting States take positive measures. An elaborated analysis of the case law of the ECtHR is provided in Section 3. Building on the ECtHR's case law, in Section 4 the authors will elaborate how general principles of European criminal law are established and whether fitness to stand trial can be regarded as such. Finally, in Section 5 an answer will be given to the following question: Can fitness to stand trial be regarded as a general principle of European criminal law? |
topic |
fitness to stand trial Article 6 ECHR effective participation active duty general principle of Union Law |
url |
http://www.utrechtlawreview.org/articles/10.18352/ulr.174/ |
work_keys_str_mv |
AT liselottevandenanker fitnesstostandtrialageneralprincipleofeuropeancriminallaw AT lydiadalhuisen fitnesstostandtrialageneralprincipleofeuropeancriminallaw AT marijestokkel fitnesstostandtrialageneralprincipleofeuropeancriminallaw |
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1724627809059471360 |