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Who safeguards the guardians? A subjective right of judges to their independence under Article 6(1) ECHR

Tijdschriftbijdrage - e-publicatie

Time for the European Court of Human Rights to interpret Article 6 ECHR to encompasses a subjective right for domestic judges to their own independence – Overview of the existing case law on the principle of judicial independence – Such a right currently not present in case law – Judges are obliged to frame their complaints, while at their heart independence-related, in terms of other substantive Convention rights – Court cannot properly address one of the fundamental aspects of these cases – Lower protection for the domestic judges – Other international legal orders do include such a subjective right to a judge’s independence – Several arguments for the European Court of Human Rights to similarly acknowledge such a right under the Convention – Few difficulties in integrating such a right into the existing case law
Tijdschrift: European constitutional law review
ISSN: 1574-0196
Volume: 17
Pagina's: 394 - 421
Jaar van publicatie:2021
Trefwoorden:A1 Journal article