Auszug aus EGMR, 04.11.2021 - 19300/12

The Court reiterates that while the special features of the cassation-type procedure may affect the manner in which the prescribed procedural guarantees of Article 6 § 1 of the Convention operate (see Delcourt v. Belgium, 17 January 1970, § 26, Series A no. 11), those guarantees should be applicable to it in the same way as they apply to cassation proceedings (see, for instance, Bochan (no. 2), § 53, cited above; Maresti v. Croatia, no. 55759/07, § 23, 25 June 2009; Mushta v. Ukraine, no. 8863/06, § 39, 18 November 2010 and, mutatis mutandis, San Leonard Band Club, § 41, cited above).

Auszug aus EGMR, 04.11.2021 - 19300/12

While Article 6 § 1 of the Convention is not normally applicable to extraordinary appeals seeking the reopening of terminated judicial proceedings, the nature, scope and specific features of the proceedings on a given extraordinary appeal in the particular legal system concerned may be such as to bring the proceedings of that kind of appeal within the ambit of Article 6 § 1 of the Convention and of the safeguards of a fair trial that it affords to litigants (see, mutatis mutandis, Bochan v. Ukraine (no. 2) [GC], no. 22251/08, § 50, ECHR 2015).

Auszug aus EGMR, 04.11.2021 - 19300/12

The actual name given to the proceedings in the domestic legal system or the fact that the national jurisdictions have considered them as an extraordinary remedy cannot be considered determinant: what is decisive is the nature and the scope of the proceedings at issue (see San Leonard Band Club v. Malta, no. 77562/01, § 41, ECHR 2004-IX).