ISSN: 2657-800X
search
2020, t. 3, nr 2 (6), poz. 23
2020, Vol. 3, No. 2 (6), item. 23
2020-12-31
views: 138 |
downloads: 71 |

Grzegorz Borkowskischool

European standards of appointment to a judicial position in the light of the latest case-law of the European Court of Human Rights

The article aims to present European standards concerning the appointment of judges, resulting from the studies of various advisory and expert bodies, including: the Committee of Ministers of the Council of Europe, bodies of the Council of Europe, including the CCJE (Consultative Council of European Judges), the Venice Commission or GRECO (Group States against Corruption) as well as ENCJ (European Network of Councils for the Judiciary), as reflected in the case law of both the European Court of Human Rights and the Court of Justice of the European Union in Luxembourg. The judgment in the case of Gudmundur Andri Astradsson v. Iceland, to which the article mainly refers, and the arguments of the ECtHR presented therein, appear to be extremely important in this respect. Due to the fact that this is a recent ruling and is not widely known (there is no Polish translation of the judgment), the article is intended to show European standards relating to the appointment of judges. It presents in the descriptive manner the arguments invoked by the ECtHR to enable the reader to form their own views on these standards and the evolution of the views of the European Court of Human Rights in this regard.



Keywords: Judicial independence, judicial appointment procedure, European standards of judicial independence, European Court of Human Rights, judicial councils.


This article is published in Polish