El estado de derecho como estrella polar de la convención europea de derechos humanos: El tribunal de estrasburgo y la independencia del poder judicial

Translated title of the contribution: The rule of law as the lodestar of the European Convention on Human Rights: The Strasbourg Court and the Independence of the judiciary

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Abstract

The Rule of Law is a constitutional principle under the European Convention on Human Rights. Throughout its history, the rule of law has been the lodestar guiding the development on the case-law of the European Court of Human Rights. In recent years, the normative impact of this principle has been increasing in the case-law of the Court, in particular in cases dealing with the independence of the judiciary. The article discusses the conceptual core of the rule of law under the Convention system as a fundamental component of «European public order». Subsequently, the three-dimensional normative status of the rule of law is explored as well as the Court's statement that the principle is «inherent in all the Articles of the Convention». On this basis, an in-depth analysis is undertaken of the application in recent Strasbourg case-law of the independence of the judiciary as a fundamental organic component of the rule of law. Finally. The author reflects on the «symbiotic» relationship in the field of judicial independence between the Strasbourg and the Court of Justice of the European Union.

Translated title of the contributionThe rule of law as the lodestar of the European Convention on Human Rights: The Strasbourg Court and the Independence of the judiciary
Original languageSpanish
Pages (from-to)265-296
Number of pages32
JournalRevista de Derecho Politico
Issue number112
DOIs
Publication statusPublished - 2021

Bibliographical note

Publisher Copyright: © 2021 Universidad Nacional de Educacion a Distancia. All rights reserved.

Other keywords

  • European convention on human rights
  • European public order
  • Independence of the judiciary
  • Rule of law

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