Right to a Fiar Trial and Issues of Judiciar Incompatibility

Abstract

The study reviews several theoretical and jurisprudential aspects relating to the case law of the European Court of Human Rights, the Constitutional Court of Romania, and the High Court of Cassation and Justice, concerning the right to a fair trial, examined from the perspective of judicial incompatibilities. The right to a fair trial is also analysed via the ECHR and Romanian Constitutional Court jurisprudence, focusing on its general aspects within the framework of constitutional law and the European Convention. The analysis also explores the implications of these regulations for individual rights within the broader European context.