Although the right to a fair hearing under Article 61 is an absolute one which is not to be balanced against any other right or interest2, the constituent rights3 are not themselves unqualified and are to be considered in the light of the general interests of the community and the rights of others, provided that any balancing exercise is proportionate and is mitigated by compensatory procedures to ensure that the fundamental right to a fair hearing is not breached4. In assessing whether the judicial process meets the standard of fairness the primary concern of the European Court of Human
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