L’equo processo nel diritto processuale civile internazionale europeo

The right to a fair trial, as defined in Article 6 of the European Convention on Human Rights, amounts both to a general principle of European Union law and to a right enshrined in the European Union Charter of Fundamental Rights. As a result, European institutions and Member States must comply with it even when forging and applying the measures of the European judicial cooperation in civil and commercial matters (“European civil procedure law”). This article carries out a twofold survey. On the one hand, it focuses on how fair trial impacts on the construction, interpretation and application of the European civil procedure law. On the other hand, it scrutinizes whether the European measures meet the fair trial requirement completely and which auxiliary role the national law plays in this regard.