Refusal to submit a question for a preliminary ruling by a court or tribunal obligated to it and no violation of the right to a fair trial. Commentary on the judgment of the ECHR of 24 of April 2018, case of Baydar v. The Netherlands
DOI:
https://doi.org/10.18042/cepc/rdce.61.09Keywords:
Appeal in cassation, preliminary ruling, summary reasoning, right to a fair trial.Abstract
In the judgment in the case of Baydar v. the Netherlands the European Court of Human Rights held, unanimously, that there had been: no violation of Article 6 (right to a fair trial) of the European Convention on Human Rights. The case concerned a complaint by Mr Baydar about the Dutch Supreme Court’s refusal, based on summary reasoning, to refer his request for a preliminary ruling to the Court of Justice of the European Union. The Court found in particular that in the context of accelerated procedures it was acceptable under Article 6.1 of the Convention for an appeal in cassation which included a request for referral to be declared inadmissible or dismissed with a summary reasoning when it was clear from the circumstances of the case that the decision was not arbitrary or otherwise manifestly unreasonable.Downloads
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Published
2018-11-29
How to Cite
Soca Torres, I. (2018). Refusal to submit a question for a preliminary ruling by a court or tribunal obligated to it and no violation of the right to a fair trial. Commentary on the judgment of the ECHR of 24 of April 2018, case of Baydar v. The Netherlands. Revista De Derecho Comunitario Europeo, (61), 1123–1139. https://doi.org/10.18042/cepc/rdce.61.09
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CASE LAW COURT OF JUSTICE OF THE EU
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