THE CONCEPT „INDEPENDENT AND IMPRATIAL TRIBUNAL” IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

One of important principle every democratic state is rule of law. The rule of law in countries of democratic tradition, so-called countries of western democracy, is not questioned any more. However, the rule of law is become more actual in the countries of eastern and central Europe, especially in field of constitutional and judicial guaranties of fundamental human rights and freedoms, and thus the right of fair trial. The international standards of fair trial are based in many different international instruments that are in constant development. Author in his work analyze case law of European Court of Human Rights (Court), gives review some decisions of Court, which we have to know for understanding right for fair trial, in regard to one of its elements: right for fair trial by the independent and impartial tribunal in criminal procedure.