Collo vs McDo

Legal concepts

Article 6 § 1 — the right to a fair trial

The most frequently invoked provision of the European Convention. It guarantees an independent tribunal, a reasonable time — and, through case law, equality of arms.

In brief

  • Text: “everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law […]”
  • Applies to the determination of “civil rights and obligations” and of any “criminal charge” — autonomous concepts, interpreted by the Court independently of national classifications.
  • Express guarantees: fairness, publicity, reasonable time, independence and impartiality of the tribunal.
  • Implied guarantees, developed by case law: right of access to a court, equality of arms, adversarial principle, reasoned decisions, effective enforcement of decisions.

Article 6 § 1 does not say “equality of arms”. This requirement — each party must be able to present its case under conditions that do not place it at a clear disadvantage vis-à-vis its opponent — is a construction of the Court, derived from the notion of “fairness”.

It was on this basis that the United Kingdom was found in breach in the Steel and Morris case (15 February 2005): a libel trial lasting several years, in which two activists without means, deprived of legal aid, faced a multinational's lawyers, could not be fair.

The reasoning reaches beyond the case. It establishes that real access to justice — and not merely the formal right to go to court — is part of a fair trial. This is a question faced by any operator in dispute with the head of its network.

Sources

External sources.

  1. European Convention on Human Rights, Article 6 — European Court of Human Rights
  2. ECHR, Steel and Morris v. United Kingdom, 15 February 2005, appl. no. 68416/01 — HUDOC — ECHR

Where this comes up in the case file

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