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.