European Court of Human Rights - case of Golder v. The UK (1975) (excerpts)

European Court of Human Rights - case of Golder v. The UK (1975) (excerpts)

(...)

36. The really determining element in the conclusion arrived at by the Court seems to have been fear of the supposed consequences that might result from any failure to read a right of access into Article 6.1 (art. 6-1). This can clearly be seen from the following passages, the first of which completes that already quoted in paragraph 33 above by stating that the "fair, public and expeditious characteristics of judicial proceedings are of no value at all if there are no judicial proceedings". Still more significant is the second passage (Judgment, paragraph 35, penultimate section), the first sentence of which reads as follows:

"Were Article 6.1 (art. 6-1) to be understood as concerning exclusively the conduct of an action which had already been initiated before a court, a contracting State could, without acting in breach of that text, do away with its courts, or take away their jurisdiction to determine certain classes of civil actions and entrust it to organs dependent on the Government."