THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS

THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS

THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS

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This paper aims to define the outlines of the judicial duty to provide reasons for their decisions in its theoretical aspect - according to contemporary procedural knowledge -, here as well as to establish its importance for the concretion of a fair trial.At the same time, the duty to give reasons will be analyzed in a here practical perspective according to the case-law of the European Court of Human Rights, with a special emphasis in the case Taxquet v.Belgium and its impact on Jury Trials.

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