The right of a person to a fair trial through the prism of judicial independence and submission to the law

Marita Oliņa

Research output: Chapter in Book/Report/Conference proceedingConference contributionpeer-review

Abstract

The state has guaranteed the right to a fair trial to all persons who have applied to court to defend their rights and legitimate interests. Legal provisions provide for the independence of a judge, at the same time determining that a judge is submitted to the law or subject to the law. Consequently, the state power has strictly limited the independence of a judge, imperatively stipulating that the decision of a judge for the legal settlement of a specific situation must comply with the legal regulation. Practice shows that a judge's decision for the legal settlement of a specific situation does not always comply with the law, the letter and the spirit of the law. In Latvia, there is a three-tiered court system at the legislative level. This gives the false impression that if a court decision is made in violation of the law, then it can be appealed to the court of the next instance. In practice, this possibility can be used by a small number of litigants. Therefore, if a judge has made a “wrong” decision – ignoring the law corresponding to the legal settlement of a particular situation, the right to a fair trial is not ensured. The possibility of being heard in a court of second instance does not in itself guarantee the right to a fair trial. The application of the law corresponding to the specific more legal situation of the panel of judges is important. The work deals with the current problems of practice, legal regulation and court practice in the implementation of state-guaranteed rights. The work discusses the issues relating the correlation of the principle of a fair trial with the principle of judicial independence and submission to the law, as well as the application of these principles in Latvia. Analysing a person's right to a fair trial, an insight into the applicable legal provisions is provided. The objectives set by the legislator and their compliance with the state policy in ensuring a fair trial have been analysed
Original languageEnglish
Title of host publicationProceedings of the 62nd International Scientific Conference of Daugavpils University
Subtitle of host publicationPart B. Social Sciences
EditorsIrēna Kokina
Place of PublicationDaugavpils
PublisherDaugavpils University
Pages26-34
ISBN (Print)978-9984-14-926-4
Publication statusPublished - 2020
Externally publishedYes
EventThe 62nd International Scientific Conference of Daugavpils University - Daugavpils, Latvia
Duration: 28 May 202029 May 2020
Conference number: 62

Conference

ConferenceThe 62nd International Scientific Conference of Daugavpils University
CountryLatvia
CityDaugavpils
Period28/05/2029/05/20

Keywords

  • fair court
  • judicial independence
  • submission to the law of a judge

Field of Science

  • 5.5 Law

Publication Type

  • 3.2. Articles or chapters in other proceedings other than those included in 3.1., with an ISBN or ISSN code

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