Правото на независим и безпристрастен съд
The Right to Independent and Impartial Court

Author(s): Deyana Marcheva
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Court case
Published by: Нов български университет
Keywords: Independent and Impartial Court; Article 6 ECHR; Human Rights
Summary/Abstract: The right to independent and impartial court is the essence of the right to due process under Article 6 ECHR. In the early twentieth century in Bulgaria the judge Anton Kableshkov brings to the fore some timeless truths about the role of independent justice for the protection of individual rights and freedoms and for overcoming the crises in society. Nevertheless; the independency of judiciary continues to be a neuralgic point of Bulgarian constitutional system. This article explores and renders systematic the case of the ECtHR with a view to in-depth consideration of the contemporary standards for independent and impartial court within the protection of human rights. In the course of the analysis; it is concluded that all the advance normative and institutional guarantees are not sufficient on their own and do not remove the need to assess and protect the right to independent and impartial court in each individual case.

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