Nataliia Kyryliuk

Associate Professor at the Department of International Law, Faculty of Law, Yuriy Fedkovych Chernivtsi National University, Ukraine

The study analyses the evaluation of judicial involvement in private rights, emphasising the relationship among Article 6, Article 1 of Protocol No. 1, and Article 8 of the European Convention on Human Rights. Employing a doctrinal approach that integrates interpretative scrutiny of precedents with comparative evaluation, the study analyses 120 ECHR rulings (2000-2024) alongside 30 decisions from higher courts in Germany, France, and Poland. The findings identify an objective test of substantive fairness based on proportionality, foreseeability in the application of law, and the maintenance of a fair balance between private and public interests. The article argues that in civil matters, Article 6 functions not merely as a procedural guarantee but as a framework for assessing whether judicial interference with civil rights is excessive and proposes a general model for integrating substantive fairness standards into national legal systems.

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