Safeguards of Fair Trial in Constitutional Court Proceedings: Efficient Access to Justice as a Key Factor

Abstract

The right to fair trial, which is usually described as an essential starting point of the protection of human rights, as a basic safeguard of the rule of law, as a general principle of EU law and as a certain quality of procedure, plays a crucial role in defining the framework of judicial proceedings in the European states both in criminal and civil matters. The current paper examines how the concept of fair trial applies to constitutional court proceedings, with special regard to the safeguards of an efficient access to such procedures. The study raises questions like: What cornerstones for an efficient access can be identified in the case-law? What are the most typical obstacles of obtaining a decision by a constitutional court? How can a more efficient access to these procedures be promoted? The analysis offers a synthesis of the theoretical background and the general requirements identified by the relevant international and European fora (complemented by references to the related jurisprudence of the constitutional courts of certain EU Member States). This way the study can give useful insights not only into the understanding of the concept of fair trial but also into the possibilities of enhancing the efficiency of constitutional court proceedings.