SHORT CONSIDERATIONS ON THE SCOPE OF THE RIGHT TO A FAIR TRIAL PROVIDED BY ART. 6 OF THE ECHR – THE CONCEPT OF ”CRIMINAL CHARGE”

Rezumat

The concept of ”criminal charge” referred to in the text of article 6 of the European Convention on Human Rights has an autonomous meaning in the conventional protection system, which must be analysed in the light of the principles developed in this matter in the case law of the Strasbourg Court. The purpose of this article, after examining the relevant case law and doctrine, is to highlight the criteria that have been considered by the European court in order to determine whether a certain judicial procedure can be classified as belonging to the sphere of criminal law. At the same time, the article aims to analyze the practical relevance of this delimitation, especially in the matter of the right to a fair trial, to what extent certain stages of the criminal trial or special "criminal" procedures fall under the scope of the provisions of art. 6 of the European Convention on Human Rights, and must observe the fairness requirements of the procedure.