Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos 6 straipsnio taikymo sritis: civilinių teisių ir pareigų bei baudžiamojo kaltinimo klausimai

Abstract

Article 6 Para. 1 of the Convention on the Protection on Human Rights and Fundamental Freedoms establishes that “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within reasonable time by an independent and impartial tribunal established by law. […]”. None of the petition submitted to the European Court of Human Rights shall be declared admissible if in a particular case there is no issue on the determination of civil rights and obligations or criminal charge in the sense of Article 6 of the Convention. In any case, while determining the issue on the application of Article 6 the determination of the terms of civil rights and obligations and criminal charge and the establishment of their content is the starting point. Following the text of the Convention the rights and procedural guarantees established in Article 6 are guaranteed only in cases when a concrete case deals with the determination of civil right and obligations and criminal charge. However, the question arises whether such rights and procedural guarantees can be guaranteed in administrative or disciplinary proceedings. The position of the European Court of Human Rights is not quite clear also with regard to the application of Article6 of the Convention concerning disputes of civil servants and social security sphere. The interpretation of these terms in the case-law of the Court is decisive, since the limits of the application of Article 6 of the Convention absolutely depend on the content and their characteristic features of these notions.
The article focuses on these main aspects: interpretation of the terms of civil rights and obligations and criminal charge in the jurisprudence of the Court, the role of the domestic law in interpreting these terms and analysis of some of the problems on the application of Article 6 of the Convention.
Thus the research objective of this article is determination of the application sphere of Article 6 of the Convention, revealing some problems on the application of the above-mentioned Article. The object of the research of this article focuses on the interpretation of the notions “civil rights and obligations and criminal charge” established in Article 6 Para. 1 of the Convention in the case-law of the Court. Systematic, comparative and analytical methods are applied for the grounding of the conclusions made in this article.