Belgrade Law Faculty Master-Course Human Rights and Non-Discrimination Fairness – Access to Justice Prof. Thomas Fleiner

Content of Rule of Law Equality Predictability Justice Human Dignity Minority Protection Power corrupts Accountability Legitimacy Security Transparency Fairness

What is Rule of Law Magna Charta Article 39: 39. No freeman shall be taken, or imprisoned, or diseased, or outlawed, or exiled, or in any way harmed--nor will we go upon or send upon him--save by the lawful judgment of his peers or by the law of the land. Kill all the Lawyers On the Law: On the rule:

Article 6 European Convention on Human Rights In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal establi- shed by law. Judgment shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of Justice….

What means Rule of Law? Rule(s) of Law Rule of Laws Rule(s) of Law(s) To whom the rule of Law applies? States? International Community? Citoyens? Human beings?

What questions to ask? 1.Sources of law and justice? 2.Courts to protect citizens? 3. Remedies 4. Jurisdiction of the courts 5. Independence of the courts 6. Criteria‘s of jurisprudence 7. Rights of parties in the judicial process Constitutional Discrimination: Minaret Expulsion of foreign criminals

Different Concepts Common Law Continental Law Common Law - USA: „That men are ruled by Law and not by men“ Europe Continent Etat Légale Legality Principle Protection of Fundamental Rights Rechts- staat Etat De Droit

Fundaments of justice and law Hierarchy: Whom God gives authority he/she Will get reason Vox populi, vox dei? Who has rights should win the case Versus Who wins the case has right The faulty human being

Independent Judiciary Bonham Case Access to Justice: Article 6 ECHR Human Rights: John Locke, Antigone, Merchant of Venice Transparency: Kant, Wiki leak Accountability Power Checks Power Montes- Quieu Legality

Fact Finding: What is truth? Trial: Article 6 ECHR: Fairness Jury Administration Fact Finding: Migration