The Strasburg jurisprudence related to Art. 6 ECHR is determining a radical change in many European administrative systems. In particular, the applicability of «fair trial» guarantees to administrative proceedings calls for a re-meditation of several national established categories. The paper, after analyzing the scope of application of Art. 6 ECHR in various administrative proceedings. focuses on sanctioning proceedings before Independent Regulatory Agencies and descrives the main developments occurred in the Strasbourg and EU case law in the latest years. In connection with these kind of procedures, the paper addresses the concept of «full jurisdiction» elaborated by the Court of Strasbourg as a form of ex post compensation of the procedural deficits of the previous administrative phase.
ART. 6 ECHR: NEW HORIZONS FOR DOMESTIC ADMINISTRATIVE LAW
ALLENA, MIRIAM
2014
Abstract
The Strasburg jurisprudence related to Art. 6 ECHR is determining a radical change in many European administrative systems. In particular, the applicability of «fair trial» guarantees to administrative proceedings calls for a re-meditation of several national established categories. The paper, after analyzing the scope of application of Art. 6 ECHR in various administrative proceedings. focuses on sanctioning proceedings before Independent Regulatory Agencies and descrives the main developments occurred in the Strasbourg and EU case law in the latest years. In connection with these kind of procedures, the paper addresses the concept of «full jurisdiction» elaborated by the Court of Strasbourg as a form of ex post compensation of the procedural deficits of the previous administrative phase.
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