Right to a fair trial and judicial independence

Abstract

The growing trend of democratic decline among signatories of ECHR, driven by rise of populist and authoritarian regimes, poses an increasing threat to judicial independence that is fundamental prerequisite for ensuring the right to fair trial and upholding procedural justice in criminal proceedings. This thesis analysis Article 6 of ECHR and examines ECtHR case law concerning protection of these rights. Given the established relationship between judicial independence and protection of fair trial rights. Correlation may be observed between judicial independence and such variables as rule of law, political competition levels, nature of political regime and the principle of separation of powers, suggesting that democracies with stronger adherence to democratic values and above-mentioned principles are more likely to ensure greater protection of right to a fair trial and experience fewer violations, and vice versa. These conclusions are supported by analytical comparison of two groups of states which substantiates the correlation.