@article{ART002962978,
author={Peggy Ducoulombier},
title={Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights},
journal={법학논총},
issn={1975-0005},
year={2023},
volume={56},
pages={389-411},
doi={10.35867/ssulri.2023.56..011}
}

TY - JOUR
AU - Peggy Ducoulombier
TI - Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights
T2 - 법학논총
JO - 법학논총
PY - 2023
VL - 56
IS - null
PB - 법학연구소
SP - 389
EP - 411
SN - 1975-0005
AB - The notion of independence of Justice is central to the Rule of Law and Separation of Powers principles. The European Court of Human Rights has developed an extensive case-law on the notion of independence of Justice on the basis of article 6 of the European Convention on Human Rights (the right to a fair trial). An independent judge is thus a judge who is free from undue pressure in the judicial decision-making process, from the Executive, Legislative or Judicial powers. However, while early case-law was brought by ordinary citizens complaining that they did not get a fair trial, because of the lack of independence of a judge, in recent years, the Court has experienced an increase in the number of applications brought by judges themselves. In several countries of the Council of Europe, reforms have been implemented with the result of threatening the independence of the Judiciary. Judges have turned into applicants before the European Court of Human Rights, relying mainly on article 6 and article 10 (Freedom of expression) of the Convention to support their claim and defend their rights. Through these applications, they defend the independence of the judiciary as a whole, as well as the Rule of Law. The Court has thus adapted its general principles to these specific situations and had also renewed its approach on the condition of the right to “a tribunal established by law” to fight, in symbiosis with the Court of Justice of the European Union, the phenomenon of the “Rule of Law Backsliding”, in particular in Poland.
KW - European Convention on Human Rights, Independence of Justice, Rule of Law, Right to a fair Trial, Tribunal established by Law, Freedom of Expression
DO - 10.35867/ssulri.2023.56..011
ER -

Peggy Ducoulombier. 2023, "Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights", 법학논총, vol.56, pp.389-411. Available from: doi:10.35867/ssulri.2023.56..011

Peggy Ducoulombier "Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights" 법학논총 56 pp.389-411 (2023) : 389.

Peggy Ducoulombier. Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights. 2023; 56 389-411. Available from: doi:10.35867/ssulri.2023.56..011

Peggy Ducoulombier. "Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights" 법학논총 56(2023) : 389-411.doi: 10.35867/ssulri.2023.56..011

Peggy Ducoulombier. Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights. 법학논총, 56, 389-411. doi: 10.35867/ssulri.2023.56..011

Peggy Ducoulombier. Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights. 법학논총. 2023; 56 389-411. doi: 10.35867/ssulri.2023.56..011

Peggy Ducoulombier. Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights. 2023; 56 389-411. Available from: doi:10.35867/ssulri.2023.56..011

Peggy Ducoulombier. "Independence of Justice, the Rule of Law crisis in Poland and the European Convention on Human Rights" 법학논총 56(2023) : 389-411.doi: 10.35867/ssulri.2023.56..011