Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial Cover Image

Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial
Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial

Author(s): Alla Demyda
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Univerzita Komenského v Bratislave
Keywords: Council of Europe; European Court of Human Rights; case law; fair trial; impartiality; independence; legislative change; constitutional change; principles of justice; reform; disciplinary proceeding

Summary/Abstract: The article focuses on the principle of impartiality and independence of judiciary as a part of the right to a fair trial according to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, an account will be taken of the case law of the European Court of Human Rights in matters of applications from national judges. The article considers the reflection of the decision of the European Court of Human Rights on the amendment of national legislations and the amendment of the provisions of the national constitutions regarding the principles of justice.

  • Issue Year: 5/2021
  • Issue No: 1
  • Page Range: 67-90
  • Page Count: 24
  • Language: English