Francesca Tammone

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

  • Abstract

Informations and abstract

Keywords: judiciary; independence; ECHR; Albania; rule of law; disciplinary proceedings.

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

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