Protection of the Rule of Law and Judicial Independence trough the Protection of the Rights of Judges before the European Court of Human Rights
| Authors | |
|---|---|
| Year of publication | 2024 |
| Type | Article in Proceedings |
| Conference | Eunited in diversity. The Rule of Law and Constitutional Diversity |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Doi | http://dx.doi.org/10.2862/958327 |
| Keywords | Judicial Independence; European Court of Human Rights |
| Description | The text presents a new line of case-law of the European Court of Human Rights (‘the ECtHR’), which is based on the principle of the rule of law, expressed as one of the three pillars of the European Convention on Human Rights alongside the protection of democracy and fundamental rights. This line of case-law allows judges to assert their rights before national courts and subsequently before the European Court of Human Rights. The new case-law concerns not only access to courts for affected judges, but also protects candidates for judicial office or members of judicial councils. This leads to the question of whether this special approach to judges is sufficiently legitimate. However, it is clear that the ECtHR is seeking to contribute to the protection of judicial independence, which is essential for the proper functioning of the rule of law and the protection of fundamental rights. |
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