Judicial Independence in Luxemburg and Strasburg and the Constitutional Profiles of Procedural Law
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Abstract
The study explores the meaning of judicial independence in the transnational context by looking at the Court of Justice of the European Union and the European Court of Human Rights. The analysis focuses in particular on two guarantees of independence: an «initial guarantee» - the rules governing the appointment/election of judges - and a functional guarantee - the institution of separate opinions.
Keywords
- Judicial Independence
- ECtHR
- CJEU
- Initial Guarantee
- Separate Opinion
