In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on...
review or "sec-ond guess" compliance with Article 6 ECHR by the courts of another Member State, we cannot accept that English Courts must apply an irrebuttable presumption that a judgment given in another Member State cannot have resulted from a violation of Article 6 in excep-tional ...