Freedom of expression, judicial independence, impartiality

the judges in social networks. A study of the rulings of the European Court of Human Rights

Authors

  • Encarnación Roca Trías Tribunal Constitucional

DOI:

https://doi.org/10.18042/cepc/redc.122.01

Abstract

One of the most discussed items among high Courts over Europe deals with the practice of Freedom of Expression by Judges. At the bottom of the discussion Judges impartiality and Independence protection is at the stake because both are considered as the main elements of the Rule of Law. From 1982 starting with Piersak case, the European Court of Human Rights took sides for the problem; the Court established its canon having in mind two aspects of the impartiality: the subjective and the objective. The practice of the Freedom of expression will affect both sides. The participation of judges in the social networks is specially discussed. But the remedies against the consequences of the lack of impartiality are always the same: challenge and abstention, the traditional remedies.

Published

2021-08-16

Issue

Section

STUDIES