Fair trail and the interpretation approach adopted by the Strasbourg Court

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.