| Abstract [eng] |
This master's thesis examines the principle of effective judicial protection, which is enshrined in Articles 6 and 13 of the European Convention on Human Rights and Fundamental Freedoms and Article 47 of the Charter of Fundamental Rights of the European Union. Unions law is implemented and enforced primarily take place at national level. Article 47 of the Charter is of paramount importance in terms of the rights enshrined in it, as it ensures that all the rights enshrined in the Charter are respected throughout the Union's complex legal system. Article 47 of the Charter defines effective judicial protection as the right to an effective remedy and to a fair trial by an independent and impartial tribunal previously established by law and by the right to legal aid. The right to a fair trial consists of the requirements of public hearing within a reasonable time and Tribunals independence. The right to legal aid includes the possibility of being defended and represented and the right to free legal aid. Effective judicial protection is a general principle of European Union law which derives from the constitutional traditions common to the Member States. The examination of the principle was based on the jurisprudence of the Court of Justice of the European Union, the European Court of Human Rights regarding the application of the principle in the Union, and the case-law of the Constitutional Court of the Republic of Lithuania regarding the application of the principle in Lithuania. An analysis of the application of the principle in European Union law shows that there are problematic aspects which do not always ensure the smooth application of the principle of effective judicial protection in European Union law. |
