Right to a fair trial or legal certainty? Clash of the constitutional principles in the light of the case law of the European Court of Human Rights

Abstract

In his article, the author analyses the case law of the ECtHR and focuses on the question how does the Court strike balance between the principles of rule of law and right to a fair trial, when instigation of extraordinary revision procedure leads to quashing of a final and binding judgement. Author looks at the particular criteria, that ECtHR takes into account, when considering, whether the extraordinary remedy was used in accordance with the principle of legal certainty.