Derecho a un proceso justo o equitativo a la luz de la jurisprudencia del Tribunal Europeo de Derechos Humanos: especial incidencia en las condenas a España

An analysis of the right to a fair trial set out in article 6 of the ECHR as a fundamental right that allows the development and enjoyment of all the remaining personal rights and liberties —a just process with all the procedural safeguards—. This right is analyzed through the study of the ECtHR case-law, which has obviously influenced the fundamental human rights theory. In any case, the process of European integration is developing in a complete new way. This can be a good opportunity for the proposal of a new kind of social European constitutionalism. In this new European constitutional process, fundamental rights become a source of legitimacy. In the end, however, the real effectiveness of the fundamental socio-economic rights depends on the availability of appropriate means to achieve them; one of them being the principle that we here analyze: the right to a fair trial.