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Chapter 15: The right of appeal: Staroszczyk v Poland 59519/00 [2007] ECHR 222

The (European) Convention does not compel the Contracting States to set up courts of appeal or of cassation. However, where such courts do exist, the guarantees of Article 6 must be complied with, for instance in that it guarantees to litigants an effective right of access to the courts for the determination of their “civil rights and obligations” (see, among many other authorities, Levages Prestations Services v. France, 23 October 1996, Reports 1996 V, pp. 1544 45, § 44; Poitrimol v. France, judgment of 23 November 1993, Series A no. 277 A, § 13 15).The manner in which Article 6 § 1 applies to courts of appeal or of cassation depends on the special features of the proceedings concerned and account must be taken of the entirety of the proceedings conducted in the domestic legal order and the Court of Cassation's role in them.

 

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