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THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS TO ENSURE THE RIGTHS TO AFFAIR TRIAL IN FINNISH SUPREME COURT
Abstract
The article discusses the importance and application of the European Convention's right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law in criminal cases in the Supreme Court of Finland, as well as the influence of the nature of the case the European Court of Human Rights the national legal system in Finland. Particular attention is paid to the judgment of the European Court of Human Rights, legal precedent and recognized principles and norms of international law that are also part of the legal system in Finland. Analysis of the European Court of Human Rights suggests the application of judicial precedent European Court the Supreme Court and the Supreme Administrative Court of Finland and the impact of these decisions on the amendment of national legislation. In particular consider the decision from Strasbourg made by 20th May 2014 in which the establishment of a violation by Finland of article 4 of Protocol No. 7 to the Convention. Reasoned proposals may be considered in improving the national law and practice in order to bring them into compliance with international legal provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. While working on the article were used due to the object and purpose of the study such as a dialectical scientific methods, system, method of analysis and synthesis, as well as private methods of learning (formal-legal, historical, legal, statistical). Empirical basis of the article research has recognized principles and norms of international law, the provisions of international legal and other acts, the provisions of the Constitution of Finland, the national law. Fundamental role in the process of Article played decisions and rulings of the European Convention, containing legal positions, and monographs Finnish authors.
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