Ensuring Judicial Independence through the System of Appointment and Dismissal of Judges in the Case-Law of the European Court of Human Rights

This article examines the views of the European Court of Human Rights (the ECtHR) on the appointment and dismissal of judges from the perspective of ensuring the independence of judges, particularly from the executive and the legislature. It presents some of the (most) important recent decisions, in which the ECtHR found a violation of Convention rights in individual procedures for appointing and dismissing judges or court presidents, and indirectly assessed the regulation of the judicial system in the Contracting States, including the sys- tem for appointing and dismissing judges. Although the ECtHR’s influence on safeguarding the rule of law and the institutional independence of the judiciary is generally limited or only indirect, since it can only establish and develop cer- tain minimum standards of human rights protection in individual proceedings, it can nevertheless have an impact on improving the organisation of the judici- ary within the Contracting States and it has in fact encouraged a number of changes of legislation in the relevant field. The presented case law demonstrates that the ECtHR’s influence in ensuring the independence of the judiciary is not insignificant, as the ECtHR also addresses systemic issues of the organisation of the judiciary, though its case law in this field has also raised some issues.

Key words: judicial independence, appointment of judges, dismissal of judges, European Court of Human Rights, separation of powers, rule of law.