Original scientific paper
Inconsistent Case Law in Criminal Procedure as a Violation of the European Convention on Human Rights
Željko Karas
; Police College, Zagreb, Croatia
Abstract
The paper is based on a study of the decisions of the European Court of Human Rights pertaining to inconsistent case law and its potential adverse effects on the rights in the criminal procedure. This study is motivated by findings that point to some controversial decisions in Croatian criminal procedure, especially in the issues of determining admissibility of evidence. Similar problems are also noted in other Southern European countries.
According to the rulings of the ECHR, inconsistent case law can constitute a violation of fairness (Art. 6) or other provisions, such as legal security and the rule of law, or lead to arbitrariness or discrimination. Uniformity of case law is necessary regardless of the source of law in a particular state, or whether it belongs to a precedent or a statutory model.
Keywords
consistency of case law; European Court of Human Rights; legality
Hrčak ID:
121523
URI
Publication date:
28.2.2014.
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