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

17 Pages Posted: 3 Mar 2017

Date Written: January 31, 2017

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.

Keywords: Judge, Freedom, Article 6 EHCR, Article 10 ECHR

Suggested Citation

Dijkstra, Sietske, The Freedom of the Judge to Express his Personal Opinions and Convictions under the ECHR (January 31, 2017). Utrecht Law Review, Vol. 13, No. 1, p. 1-17, January 2017. Available at SSRN: https://ssrn.com/abstract=2926418

Sietske Dijkstra (Contact Author)

Rechtbank Noord-Nederland ( email )

Brinkstraat 4
HZ Assen, 9401
Netherlands

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