The aim of this article is to discuss the hermeneutical evolution of civil servants' right of access to court in the light of ECtHR case law. The article begins with some preliminary notions about the right to a fair trial and the multifaceted character of article 6 paragraph 1 ECHR in the light of ECtHR case law. It then delves into the case law concerning public servants (including judges) to collocate it in the broader body of ECtHR jurisprudence, and to extract two precepts: 1) a clear trend extending the scope of application of article 6 paragraph 1 ECHR to the public service; 2) a waning of the importance of the state’s interest and the need to pursue specific institutional goals as rationales for this hermeneutical evolution.
aperio bella, F. (2025). The Right to a Fair Trial for Civil Servants and the Importance of the State’s Interest in Applying Article 6, Paragraph 1 ECHR. In A.K. Karl-Peter Sommermann (a cura di), The Civil Service in Europe A Research Companion (pp. 870-885). London and new york : Routledge Taylor and Francis Group [10.4324/9781003458333-55].
The Right to a Fair Trial for Civil Servants and the Importance of the State’s Interest in Applying Article 6, Paragraph 1 ECHR
f. aperio bella
2025-01-01
Abstract
The aim of this article is to discuss the hermeneutical evolution of civil servants' right of access to court in the light of ECtHR case law. The article begins with some preliminary notions about the right to a fair trial and the multifaceted character of article 6 paragraph 1 ECHR in the light of ECtHR case law. It then delves into the case law concerning public servants (including judges) to collocate it in the broader body of ECtHR jurisprudence, and to extract two precepts: 1) a clear trend extending the scope of application of article 6 paragraph 1 ECHR to the public service; 2) a waning of the importance of the state’s interest and the need to pursue specific institutional goals as rationales for this hermeneutical evolution.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
