L’art. 6 CEDU e il giusto processo e procedimento amministrativo. Differenze applicative all’interno degli Stati europei

Article 6 ECHR, administrative procedure and judicial review. Practical differences among the European legal systems

Abstract

Abstract: The application of Article 6 ECHR in administrative law has a preeminent role in the definition of the relationship between the administrative procedure and the subsequent judicial review. Indeed, the ECtHR has widely explained, in its case law, that procedural guarantees can belong to either the administrative phase or the judicial one, as long as a fair determination of the case is guaranteed in its overall consideration. However, this flexible model brings with it a certain degree of uncertainty, and has led to different models of application of the Article 6 ECHR in the different European countries.

Keywords: Article 6 ECHR; Right to a fair trial; Administrative procedure; Administrative
jurisdiction; Full jurisdiction.