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Impartiality and Independence of Judges : The Development in European Case Law

Sunnqvist, Martin LU orcid (2022) In Nordic Journal of European Law 5(1). p.67-95
Abstract
Both the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of Fundamental Rights of the European Union (CFR) include the right to a fair trial by an independent and impartial tribunal established by law. The exact meaning of the phrase ‘an independent and impartial tribunal established by law’ has developed in case law. In this article, I analyse how the European Court of Human Rights and the Court of Justice of the European Union have developed these brief statements into more detailed criteria. The approach is historical, that is, I analyse how law has developed, and I also base my analysis on older sources where independence and impartiality have developed. As a tool for assessing... (More)
Both the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of Fundamental Rights of the European Union (CFR) include the right to a fair trial by an independent and impartial tribunal established by law. The exact meaning of the phrase ‘an independent and impartial tribunal established by law’ has developed in case law. In this article, I analyse how the European Court of Human Rights and the Court of Justice of the European Union have developed these brief statements into more detailed criteria. The approach is historical, that is, I analyse how law has developed, and I also base my analysis on older sources where independence and impartiality have developed. As a tool for assessing independence and impartiality, I introduce five different aspects: 1) Impartiality as a state of mind, 2) Procedural impartiality, 3) Independence as a state of mind, 4) Institutional independence, and 5) The importance of appearances. (Less)
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author
organization
alternative title
Domares opartiskhet och oavhängighet : Utvecklingen i europeisk rättspraxis
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Independence of judges, Impartiality, Rule of law, ECHR, EU law, Domarnas oberoende, Oavhängighet, Rättssäkerhet, EKMR, EU-lag
in
Nordic Journal of European Law
volume
5
issue
1
pages
19 pages
ISSN
2003-1785
DOI
10.36969/njel.v5i1.24499
project
Att bedöma andra domares oavhängighet. Historiska fundament och praktiska tillvägagångssätt vid mötandet av hoten mot rättsstaten i Europa
language
English
LU publication?
yes
id
c107ad8a-aa1a-47b3-bc2e-af52da8d4ae4
date added to LUP
2022-09-01 14:01:35
date last changed
2023-02-24 09:14:32
@article{c107ad8a-aa1a-47b3-bc2e-af52da8d4ae4,
  abstract     = {{Both the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of Fundamental Rights of the European Union (CFR) include the right to a fair trial by an independent and impartial tribunal established by law. The exact meaning of the phrase ‘an independent and impartial tribunal established by law’ has developed in case law. In this article, I analyse how the European Court of Human Rights and the Court of Justice of the European Union have developed these brief statements into more detailed criteria. The approach is historical, that is, I analyse how law has developed, and I also base my analysis on older sources where independence and impartiality have developed. As a tool for assessing independence and impartiality, I introduce five different aspects: 1) Impartiality as a state of mind, 2) Procedural impartiality, 3) Independence as a state of mind, 4) Institutional independence, and 5) The importance of appearances.}},
  author       = {{Sunnqvist, Martin}},
  issn         = {{2003-1785}},
  keywords     = {{Independence of judges; Impartiality; Rule of law; ECHR; EU law; Domarnas oberoende; Oavhängighet; Rättssäkerhet; EKMR; EU-lag}},
  language     = {{eng}},
  month        = {{08}},
  number       = {{1}},
  pages        = {{67--95}},
  series       = {{Nordic Journal of European Law}},
  title        = {{Impartiality and Independence of Judges : The Development in European Case Law}},
  url          = {{http://dx.doi.org/10.36969/njel.v5i1.24499}},
  doi          = {{10.36969/njel.v5i1.24499}},
  volume       = {{5}},
  year         = {{2022}},
}