The Right to a Fair Trial in Civil Cases

This chapter shows which requirements the right to a fair trial as protected by both the European Convention on Human Rights (ECHR) and in the EU fundamental rights framework imposes on the civil trial. It specifically explores how the right to a fair trial informs the enforcement stage of the civil trial and what this means for a legal regime on cross-border recognition and enforcement. It presents the primary sources for the right to a fair trial in Europe: Article 6(1) of the ECHR and Article 47 of the EU Charter of Fundamental Rights (EU CFR). The chapter then discusses in general terms how the right to a fair trial has been applied by the European courts. Next it discusses the elements of the right to a fair trial and how they apply to civil cases. The elements of the right to a fair trial are examined in turn and it is shown how the CJEU and European Court of Human Rights (ECtHR) apply these elements in their case law. Finally this chapter attempts to understand the principles behind the fair civil trial. It is argued that the civil trial with its emphasis on equality between the parties and adversity and presided over by an independent and impartial judge serves a dual purpose: facilitating both a fair outcome and a fair process which respects the parties’ dignity.