An analysis of Article 6 (3)(c) of the European Convention in light of recent judgements

Abstract

Controversial and conflicting judgements delivered by the European Court of Human Rights have caused a ripple effect, and have without a doubt affected local jurisprudence. The initial chapters of this dissertation are dedicated to the examination of all relevant laws which deal with the right to legal assistance. More specifically, and being the focus of this dissertation, Article 6(3)(c) is broken down and analysed in great detail. The right to disclosure as well as the importance of pre-trial procedures lead the way in the examination of the landmark judgements decided by the European Court of Human Rights of Salduz which was delivered in 2008 and Beuze which was decided recently in 2018. The principles set out in the latter judgements are highlighted and discussed in order to understand better the stance taken by Maltese Courts in adjudicating similar cases. Section 6 titled ‘The Local Scenario’ aims to draw a distinctive line between the differing judgements of the Court of Criminal Appeal and the Constitutional Court. Subsequently, consequences arising from such opposing judgements are brought to light, reviewed and at times scrutinised. The final chapter is committed to bring forth other issues, such as victims rights which, unfortunately do not often feature when pronouncing judgement. Whilst the author at the end of this dissertation shares her views and conclusively encourages the perspectives set out in a leading judgement, it is well understood that conforming to a set of principles in toto often results in ‘a double edges sword’ situation.