Francesca Tammone

The ECtHR’s (Double) Standard on Judicial Independence: Seeking ‘Checks and Balances’ in the Xhoxhaj Case

Are you already subscribed?
Login to check whether this content is already included on your personal or institutional subscription.

Abstract

The topic of judicial independence has gained momentum over the last few years in Europe, where some ongoing institutional transformations are threatening the rule of law and the separation of powers. In this scenario, the standards provided by the case law of the European Court of Human Rights (ECtHR) could be highly relevant. The present Article explores the settled case law of the ECtHR concerning judicial independence, in order to establish whether the need to tackle widespread corruption in a Member State may justify the adoption of exceptional measures restricting or derogating the ordinary guarantees applicable to the judicial independence. Special reference is made to the interpretation of Art. 6(1) ECHR in the recent judgment Xhoxhaj v. Albania, where the ECtHR addressed for the first time the compliance of the ‘vetting process’, currently ongoing in Albania, with the ECHR

Keywords

  • judiciary
  • independence
  • ECHR
  • Albania
  • rule of law
  • disciplinary proceedings

Preview

Article first page

What do you think about the recent suggestion?

Trova nel catalogo di Worldcat