Comparative study of the guarantee of fair trial in the legal system of Iran and the European Union

The right to a fair trial includes a set of principles and rules designed to protect the rights of the parties to their litigation. These safeguards are enshrined in international human rights instruments, such as the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights, the European Convention on Human Rights, and the American Convention on Human Rights, as one of the fundamental human rights recognized.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Findings show that the international principles of fair trial, if implemented with care and courage, will strengthen public confidence in a fair and credible trial because the health and correctness of the actions of other powers depends on the health of the judiciary.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The principles of fair trial in civil proceedings are common to EU law and Iranian law. But in both Iranian law and the courts of the European Union, the principles of fair trial are not explicitly guaranteed, and the guarantee of enforcement is due to the acceptance of the spirit of the principle of fair trial as enshrined in Iranian and European Union law, nor is the enforcement guarantee explicitly intended for a fair trial.