CEU Electronic Theses and Dissertations, 2008
| Author | Katsitadze Natia |
|---|---|
| Title | The Independence and Impartiality of the Court under the ICCPR and the ECHR |
| Summary | The thesis constitutes a research study on the concept of “independence and impartiality of the court established by law”, that is one of the fundamental rights of every individual guaranteed under Article 6 paragraph 1 of the European Convention of Human Rights and article 14 paragraph 1 of the International Covenant of Civil ad Political Rights. The thesis primarily deals with the issue whether there are consistencies or inconsistencies within the interpretations of the European Court of Human Rights and the Human Rights Committee while examining the cases regarding different aspect of the concept of “independence and impartiality of the tribunal established by law”. In particular, what is the “tribunal” for the purposes of the ECHR and for the purposes of the ICCPR; whether there is different understandings of the concept of “established by law”; or whether the notions of “independence” and “impartiality” are correspondingly or differently interpreted by the Court and the Committee. In this regard the case law of the Court and the Committee is discussed in comparative analyses. The thesis also focuses on the issue whether the High Contracting Parties endeavour to make their domestic law in conformity with the findings and interpretations of the Court or the Committee in cases where the violations have been found due to the fact that the domestic tribunal in concrete case did not meet the requirements of “independent and impartial tribunal establish by law” for the purpose of the ECHR and the ICCPR, especially when there is a problem of systemic nature. |
| Supervisor | Bard Karoli |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/katsitadze_natia.pdf |
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