The right to a fair trial is guaranteed by Article 6 of the European Convention on Human Rights. The effective implementation of this right notably requires that everyone is entitled to a hearing by an “independent and impartial tribunal established by law in the determination of his civil rights and obligations or of any criminal charge against him”. The obligation of States to ensure a trial by an “independent and impartial tribunal” is not limited to the judiciary. The safeguards of the independence and impartiality of the judiciary must be effectively incorporated into everyday administrative attitudes and practices.
The new thematic factsheet issued by the Execution Department sets out examples of measures adopted and reported by States in the context of the execution of the European Court’s judgments with a view to safeguarding and reinforcing the independence and impartiality of the national judicial systems. It includes a section on the independence and impartiality of prosecutors since they form an integral part of European judicial systems.
