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(e)
The right to a fair and public hearing in appellate proceedings
It is accepted in the international jurisprudence that the right of access inherent in Art
6(1) does not give anyone the right of appeal to a court.
However, where an appeal
process does exist, the requirements of Art 6(1) (as applicable to appeals) must be
observed.
In judging whether a procedure on appeal is in conformity with the guaranteed rights,
the E Ct HR's approach is to look at the role of the appeal court in the context of the
entirety of the proceedings,
focussing on the "realities" of the procedure,
what the
court's powers were and how the applicant's interests were presented and protected
before the court.
In the light of such matters, the court asks itself whether the
relevant appellate arrangements substantially meet the purposes of Art 6(1).
Notes
Tolstoy-Miloslavsky v United Kingdom (1995) 20 EHRR 442 at §59.
Ibid.
Pretto v Italy (1984) 6 EHRR 182 at §27; Helmers v Sweden, No. 22/1990/213/275, Judgment 26
September 1991 at §31
Pretto v Italy (1984) 6 EHRR 182 at §22.
Ekbatani v Sweden (1988) 13 EHRR 504 at §28.
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