Abstract
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
Original language | English |
---|---|
Article number | 1574019621000286 |
Pages (from-to) | 394-421 |
Number of pages | 28 |
Journal | European Constitutional Law Review |
Volume | 17 |
Issue number | 3 |
DOIs | |
Publication status | Published - Sept 2021 |
Externally published | Yes |
Keywords
- JUDICIAL INDEPENDENCE
- COURT
- ACCOUNTABILITY
- JUSTICE
- RESCUE
- RULE
- LAW