Moral and Legal Principles of Fair Trial in Civil Proceedings in Iranian and EU Law
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 36 (1400),
17 August 2021
,
Page 1-22
https://doi.org/10.22037/bioeth.v11i36.35592
Abstract
Background and Aim: The right to a fair trial includes a set of principles and rules which is designed to protect the rights of the parties in litigation. These safeguards are recognized as one of the fundamental human rights in international human rights documents, such as the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights, the European Convention on Human Rights, and the American Convention on Human Rights. The purpose of this study is to investigate these principles in the legal system of Iran and the European Union.
Materials and Methods: This research is theoretical in terms of type and the method is descriptive-analytical. the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while requiring the authenticity of the texts, the principles of honesty and fidelity have been observed.
Findings: Findings show that the international principles of fair trial in the Iranian law and the European Union has been considered theoretically, but if it is implemented accurately and decisively in the field of action, it will strengthen public trust and lead to a fair and credible trial.
Conclusion: The principles of fair trial in civil proceedings are common to EU law and Iranian law, but in both Iranian legal system and the courts of the European Union, the principles of fair trial are not explicitly guaranteed, and the guarantee of enforcement is due to the acceptance of the spirit of the principle of fair trial as mentioned in Iranian and European Union law, nor is the enforcement guarantee explicitly intended for a fair trial.
Cite this article as: Torabi Mirzaee MH, Mazloom Rahni AR, Rajabzadeh AR. Moral and Legal Principles of Fair Trial in Civil Proceedings in Iranian and EU Law. Majale "Akhlāq-i zīstī" (i.e., Bioethics Journal). 2021; 11(36): e25.
- Principles of Fair Trial; Civil Procedure; Iranian Law; European Union
How to Cite
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