European Constitutional Law Review · 2021 · 10 citations · 7 references
LawHuman Rights LawInternational LawCivil RightsHuman RightsPublic International LawEuropean LawHuman Rights ProtectionInternational Human Rights LawJudicial IndependenceDe Facto Judicial IndependenceDe Jure Judicial IndependenceEuropean Convention On Human RightsEuropean Human Rights LawHuman Rights SafeguardsIndependenceInternational Legal AuthorityJudicial Independent Judgment
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
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National Courts as European Community Courts
Imelda Maher · Legal Studies · 1994 · 28 citations
Law, Constitutional Law, Public Law +13