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

Abstract

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