The right to a fair trial is one of the fundamental pillars of the rule of law. It does not mean that the court must rule in your favour. But it does mean that your rights and obligations must be decided by an independent and impartial court, in a lawful procedure, without undue delay and with the possibility to genuinely defend your rights. In Czech law, this right is mainly based on the Charter of Fundamental Rights and Freedoms and Article 6 of the European Convention on Human Rights.
The right to a fair trial protects everyone who finds themselves before a court or other body deciding their rights, obligations or guilt. In the Czech constitutional order, it is based in particular on Articles 36 to 38 of the Charter of Fundamental Rights and Freedoms. These include access to the courts, the hearing of a case without undue delay, the right to comment on the evidence taken, the equality of the parties and the right to a lawful judge. At European level, Article 6 of the European Convention is key, which requires a fair and public hearing within a reasonable time before an independent and impartial tribunal established by law.
The right to a fair trial is not a single rule, but a set of guarantees. In particular, it is enshrined in the Charter of Fundamental Rights and Freedoms in such a way that everyone can assert his or her right before an independent and impartial tribunal, everyone has the right to have his or her case heard in public, without undue delay and in his or her presence, and to be heard on all the evidence adduced. The Charter also provides that no one shall be deprived of his lawful judge.
From a European perspective, Article 6 of the Convention on Human Rights emphasises in particular a fair and public hearing within a reasonable time before an independent and impartial tribunal established by law. In criminal cases, this is complemented by other specific guarantees, such as the presumption of innocence or the right to a defence.
In practice, this means that court proceedings must not only be formally lawful but also genuinely fair. It is not enough for a court to ‘give a verdict according to the rules’. It must give both sides a real opportunity to make arguments, to present evidence and to respond to what the court wants to base its decision on.
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No one shall be unreasonably excluded from access to justice. This is the very foundation. Without access to the courts, the other guarantees of a fair trial would be meaningless. That is why Article 36 of the Charter guarantees the possibility to seek redress before an independent and impartial court.
In practice, this principle is addressed, for example, when an action is dismissed on overly formalistic grounds or when a party is effectively denied the opportunity to bring a case before the court.
A fair trial presupposes that the court is not influenced by politics, the opposing party or any other external influence. It must also be impartial to both sides. It is not only about the judge being truly impartial, but also about the proceedings appearing credible to the outside world.
In practical terms, this translates, for example, into rules on the disqualification of a judge for bias or the right to a lawful judge, i.e. to have your case heard by a judge appointed according to predetermined rules, not according to immediate need.
Each side should have a fair opportunity to argue its position. One party should not have a procedural advantage just because it is “stronger” or because the court gives it more space. It is from this that the principle of equality of arms and equality of parties grows. The Constitutional Court has repeatedly dealt with this principle in specific procedural situations, for example, in the taking of evidence or in the concentration of proceedings.
In practice, this means, for example, that the court cannot allow one party to present new evidence and not the other without having a legal reason to do so.
One of the most important elements of a fair trial is the opportunity to be heard. It is not enough for a party to be formally ‘led in the proceedings’. He must be given the opportunity to respond to the arguments of the opposing party, to the evidence and to the legal considerations on which the court intends to base its decision. This follows directly from Article 38 of the Charter.
In this context, the Constitutional Court also emphasises the prohibition of surprise decisions. The court should therefore not base its decision on a legal opinion or reason on which the party was not able to express a view beforehand.
A public hearing strengthens confidence in the judiciary. It is both a safeguard against arbitrariness and a check on how the courts decide. Both the European Convention and the Charter therefore work with the principle of a public hearing, although the law allows for exceptions, for example to protect minors or the privacy of the parties.
A fair trial does not only mean a fair outcome, but also a timely decision. If proceedings drag on for years without justification, this may itself be a violation of the right to a fair trial. The European Convention explicitly requires that a case be heard within a reasonable time and the Charter prohibits unnecessary delays.
In everyday life, this has very concrete consequences: lengthy proceedings can damage family relationships, business, reputation and the ability to defend oneself effectively.
Imagine a civil case in which the Court of Appeal upholds a judgment but bases it on a completely different legal ground than the one addressed by the trial court, without giving the parties a chance to comment. This can be a problem in terms of the prohibition of surprise decisions and thus fair trial. The Constitutional Court has explicitly recalled this principle in its case law.
Similarly, it can be a problem if the court introduces new evidence without the statutory conditions being met, thereby undermining the equality of arms. The Constitutional Court has addressed this issue several times in recent years.
In criminal cases, fair trial is reflected, for example, in the presumption of innocence, the right to counsel, the possibility to question witnesses or the right not to be convicted on the basis of proceedings in which one did not have a realistic opportunity to defend one’s case.
It is also important to know what is not meant by this right. The right to a fair trial does not mean the right to succeed in litigation. A court can rule against you and still not violate any fundamental right. What matters is whether the proceedings were fair, predictable and according to the rules.
Nor does it mean that the state must automatically assign a lawyer to everyone without more. But it must ensure effective access to legal aid in certain types of proceedings and under certain conditions, so that the right to judicial protection is not merely theoretical.
You are probably familiar with the Charter of Fundamental Rights and Freedoms. But did you know that your rights and freedoms are also protected by an international convention that almost all European countries have signed? In our article, we’ve outlined the rights guaranteed to you by the Convention for the Protection of Human Rights and Fundamental Freedoms.
If you think there has been a breach, you need to respond as soon as possible in the proceedings themselves. In practice, this means objecting to procedural defects, proposing to supplement the evidence, seeking redress from the court of first instance and pursuing the proper remedies. The sooner a procedural error is named, the greater the chance that it will be corrected without further complications.
If the remedy is not forthcoming, appeals, appeals or, in some cases, a constitutional complaint may be an option. The Constitutional Court deals with the right to a fair trial very often.
Only after domestic remedies have been exhausted can a complaint to the European Court of Human Rights be considered in certain cases. Article 6 of the Convention is one of the most frequently invoked provisions in the area of fairness of judicial proceedings.
The right to a fair trial is one of the fundamental rights on which confidence in the judiciary rests. In Czech law, it derives mainly from Articles 36 to 38 of the Charter of Fundamental Rights and Freedoms and, at the European level, from Article 6 of the European Convention on Human Rights. It includes access to the courts, independence and impartiality of the court, equality of the parties, the opportunity to comment on evidence, public hearings and decisions within a reasonable time. It does not guarantee winning a case, but it does guarantee a fair procedure. If any of these safeguards fail, it is appropriate to defend oneself in good time during the proceedings and, where appropriate, to resort to legal remedies or a constitutional complaint.
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