Does the application of Article 6 depend on the outcome the proceedings or the powers of the tribunal?
In the fifth edition of our book, Disciplinary and Regulatory Proceedings we offered the comment that, ‘It is somewhat difficult for an English lawyer to comprehend that the outcome of proceedings can influence the availability of human rights.’ (Footnote 75, para 2.42.) Support for this view was expressed by Stanley Burnton J in the case of Threlfall v General Optical Council [2004] EWHC 2683 (Admin), where he said: ‘The authorities establish that the decision by a disciplinary tribunal to suspend or to disqualify a professional person is a determination of his civil rights and obligations within the meaning of Article 6.1: see Albert and le Compte v Belgium (1983) 5 EHRR 533. On the other hand, there are authorities which establish that the decision of a disciplinary tribunal to admonish a professional person is not such a determination, and suggest that Article 6 did not apply to the tribunal’s proceedings, even if the tribunal had power to suspend all to disqualify him: see, e.g.,
Related Questions
- My application is currently with the Migration Review Tribunal (MRT). If my application is remitted to the Department will I be subject to the priority processing requirements?
- Does the application of Article 6 depend on the outcome the proceedings or the powers of the tribunal?
- What is the fee for filing an Original Application (OA) before the Tribunal?
