ADVERSARIAL PRINCIPLE, THE EQUALITY OF ARMS AND CON FRONTATIONAL RIGHT – EUROPEAN COURT OF HUMAN RIGHTS RECENT JURISPRUDENCE

Abstract

This paper deals with differences and similarities regarding three elements of the main criminal procedure principle, the right to a fair trial. In the jurisprudence of the European Court of Human Rights (ECHR) these three elements, the adversarial principle, the principle of equality of arms and confrontational right are often considered together. Recent ECHR jurisprudence changes the Court’s approach slightly, but significantly. This paper will therefore show the Court’s practice before and after its landmark decision in Schatschaschwili v. Germany, followed by Paić v. Croatia and Seton v. United Kingdom. Confrontational standards developed by the Court are very important to national laws and jurisprudence. The following presentation will show how Croatian criminal procedure and court practice changed based on the ECHR interpretation of the European Convention on Human Rights and Fundamental Freedoms. Since there is almost always room for improvement in the implementation of the right to a fair trial, this paper will draw attention to the main areas and directions of possible improvement of judicial practice.