The right to a fair trial is a fundamental right in the international human rights system, and the concept of judicial independence has also been identified as one of the requirements for achieving fair trial. Although judicial independence is an aspect of the rule of law in a democratic system and is rooted in the principle of separation of powers, it has also been raised as a human right under the right to fair trial.
The European Court of Human Rights, as an observer body for implementation of the European Convention on Human Rights, has faced numerous cases regarding alleged violations of the principle of fair trial and, therefore, can have an enlightening procedure regarding the explanation and elements of the principle of judicial independence. Therefore, the main issue of this article is how the European Court of Human Rights has attempted to explain the concept, criteria, and legal frameworks of the principle of judicial independence in its jurisprudence.
Present studies that are the result of a descriptive-analytical research show that the European Court of Human Rights, mainly in its cases on the subject of alleged violations of the independence of judges, has provided a specific definition of it and listed criteria for it, which mainly include apparent independence and protection of judges against external pressures, the method of appointment, the term in office, and the dismissal and appointment of judges. Some cases have also addressed the inextricable connection of the abovementioned principle with good governance frameworks in a democratic system, such as the rule of law.