European Court of Human Rights - case of Dunayev v. Russia (2007) (excerpts)

European Court of Human Rights - case of Dunayev v. Russia (2007) (excerpts)

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34. The Court reiterates that Article 6 of the Convention does not compel the Contracting States to set up courts of appeal or of cassation. However, where such courts do exist, the guarantees of Article 6 must be complied with, for instance in that it guarantees to litigants an effective right of access to the courts (see, Brualla Gómez de la Torre v. Spain, judgment of 19 December 1997, Reports of Judgments and Decisions 1997-VIII, p. 2956, § 37; and Kozlica v. Croatia, no. 29182/03, § 32, 2 November 2006). The right of access to a court by its very nature calls for regulation by the State and may be subject to limitations. Nevertheless, the limitations applied must not restrict the access left to the individual in such a way or to such an extent that the very essence of the right is impaired (see, among other authorities, Kreuz v. Poland, no. 28249/95, §§ 52-57, ECHR 2001-VI; and Liakopoulou v. Greece, no. 20627/04, §§ 19-25, 24 May 2006).