Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 1083-1099 |
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Torabi Mirzaee M H, Mazloum Rahni A, Rajabzadeh A. Comparative study of the guarantee of fair trial in the legal system of Iran and the European Union. MLJ 2021; 15 :1083-1099
URL: http://ijmedicallaw.ir/article-1-1471-en.html
URL: http://ijmedicallaw.ir/article-1-1471-en.html
1- Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
2- Department of Law, Faculty of Humanities, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
3- Raja University, Qazvin, Iran.
2- Department of Law, Faculty of Humanities, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
3- Raja University, Qazvin, Iran.
Abstract:
Background and Aim: The right to a fair trial includes a set of principles and rules designed to protect the rights of the parties to their litigation. These safeguards are enshrined in international human rights instruments, 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, as one of the fundamental human rights recognized.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Findings show that the international principles of fair trial, if implemented with care and courage, will strengthen public confidence in a fair and credible trial because the health and correctness of the actions of other powers depends on the health of the judiciary.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The principles of fair trial in civil proceedings are common to EU law and Iranian law. But in both Iranian law 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 enshrined in Iranian and European Union law, nor is the enforcement guarantee explicitly intended for a fair trial.
Cite this article as: Torabi Mirzaee MH, Mazloum Rahni AR, Rajabzadeh AR. Comparative study of the guarantee of fair trial in the legal system of Iran and the European Union. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Findings show that the international principles of fair trial, if implemented with care and courage, will strengthen public confidence in a fair and credible trial because the health and correctness of the actions of other powers depends on the health of the judiciary.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The principles of fair trial in civil proceedings are common to EU law and Iranian law. But in both Iranian law 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 enshrined in Iranian and European Union law, nor is the enforcement guarantee explicitly intended for a fair trial.
Cite this article as: Torabi Mirzaee MH, Mazloum Rahni AR, Rajabzadeh AR. Comparative study of the guarantee of fair trial in the legal system of Iran and the European Union. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/07/20 | Accepted: 2021/11/24
Received: 2021/07/20 | Accepted: 2021/11/24
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