The Independence of the Judiciary in Strasbourg Judicial Disciplinary Case Law: Judges as Applicants and National Judicial Councils as Factotums of Respondent States

Abstract

This chapter discusses 20 European Court of Human Rights cases involving national judges as applicants and State authorities, primarily, National Judicial Councils who participated in the disciplinary proceedings instituted against applicant judges, as respondents. It lists the violated provisions of the European Convention on Human Rights resorted to by applicant judges with Article 6 being the most successfully invoked provision before the Court. The Court also found a violation of Articles 8, 10, and 13 of the Convention. Council of Europe Member States responsible for these violations are identified and a typology of disciplinary sanctions imposed is constructed. The National Judicial Councils and other national judicial disciplinary authorities are mentioned explicitly together with their respective level of participation in national judicial disciplinary proceedings. The chapter delves into the reparations requested by applicant judges as to pecuniary and non-pecuniary damages, costs and expenses, and general and individual measures. In only one case did the Strasbourg Court advocate the reinstatement of a dismissed applicant judge. The relevance of these cases to the evolution of human rights law is discussed, whilst identifying gaps in the literature that need addressing through further study. Recommendations are made to bring national legislation of Council of Europe Member States in line with the Convention.