Publication details

Who Safeguards the Guardians? A Subjective Right of Judges to their Independence under Article 6(1) ECHR


LELOUP Mathieu

Year of publication 2021
Type Article in Periodical
Magazine / Source European Constitutional law Review
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords Judicial independence; European Court of Human Rights; subjective right; rule of law backsliding
Description 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

You are running an old browser version. We recommend updating your browser to its latest version.

More info