The national judge and judicial independence: The case of the Strasbourg court

In: Maastricht journal of European and comparative law: MJ, Band 24, Heft 4, S. 552-564

Abstract

In many international jurisdictions, including the European Court of Human Rights (ECtHR), one of the judges taking part in the proceedings must be a 'national judge', that is, a judge appointed in respect of a state that is party to the proceedings before the ECtHR. The mere presence of these national judges, their role and the way they are appointed have been the subject of much discussion, and doubts have been cast over their impartiality and independence. This article examines arguments that can be made for and against this practice, with particular emphasis on the role of national judges on the ECtHR.