Start Submission

Reading: The Freedom of the Judge to Express his Personal Opinions and Convictions under the ECHR

Download

A- A+
dyslexia friendly

Articles

The Freedom of the Judge to Express his Personal Opinions and Convictions under the ECHR

Author:

Sietske Dijkstra

Abstract

The freedom of the judge to express his personal opinions and convictions is limited by his special position. The question arises where these limits lie: what are the possibilities for judges to express their personal views on religious, political or other subjects, whether it is through speech, writing, wearing religious symbols or membership of an association or church? In this article the limits of the freedom of the judge will be studied as they appear from the case law of the ECtHR. Two types of cases from this case law are relevant for this subject: cases based on complaints from judges about a violation of their rights under Article 9-11 ECHR and cases based on complaints from litigants and suspects about a violation of their right to a fair trial under Article 6(1) ECHR. The question is asked how the limits of judicial freedom are defined in the case law of the ECtHR and where these limits lie.
DOI: http://doi.org/10.18352/ulr.371
How to Cite: Dijkstra, S., (2017). The Freedom of the Judge to Express his Personal Opinions and Convictions under the ECHR. Utrecht Law Review. 13(1), pp.1–17. DOI: http://doi.org/10.18352/ulr.371
200
Views
150
Downloads
Published on 31 Jan 2017.
Peer Reviewed

Downloads

  • PDF (EN)

    comments powered by Disqus