CEU Electronic Theses and Dissertations, 2025
| Author | Puckova, Barbora |
|---|---|
| Title | The Right to a Fair Trial as a Pillar of Good Governance: An ECtHR Perspective |
| Summary | In recent years, the concept of good governance, which is a cornerstone of democratic society, has been increasingly questioned. Given its broad and open-ended nature, its legal enforceability remains disputable. This thesis adopts a human rights-based approach and argues that the legally binding right to a fair trial under Art. 6 ECHR can serve as a legal tool for enforcement of key elements of good governance, such as transparency, accountability, and effectiveness. Through doctrinal legal research and qualitative case analysis, the thesis explores whether and how the ECtHR engages with the concept of good governance within its fair trial jurisprudence. Despite clear conceptual overlaps, the Court rarely links the two in its reasoning. The thesis critically examines this gap and argues that reinforcing good governance standards through fair trial guarantees could improve the enforceability of governance principles, extend procedural safeguards beyond the judicial context, and offer individuals a legal mechanism to hold public authorities accountable. By linking these two concepts, the thesis enriches debate on their legal significance and suggests how ECtHR jurisprudence could evolve to address the current rule of law challenges in Europe. |
| Supervisor | Roberts Lyer, Kirsten |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2025/puckova_barbora.pdf |
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