The Right to a Fair Process in a Reasonable Time 

Stefan DEACONU

The article makes a presentation of the international legal regulations regarding the right of the person to a fair trial in a reasonable time (art. 10 of the Universal Declaration of Human Rights and art. 6 of the Convention for Protecting Human Rights and Fundamental Freedoms). These stipulations are the expression of the principle of “fair trial” of the Anglo-Saxon countries. During the trial, this principle contributes to the setting up of a set of rules aimed to create a balance between the parties and an organization able to guarantee the independence and the impartiality of the judges. The independence is necessary because offers the conditions that assure the liberty of decision. Impartiality makes use of the personal skills of the judge, of his moral and intellectual rigor. The judge has to interpret the law not according to his personal values, but with strict neutrality that allows him to see the important elements of the file.

The article makes also an analysis of the jurisprudence of the European Court of Human Rights from Strasburg and the jurisprudence of the Constitutional Court of Romania.