Third party intervention on a dismissal of a court president: Anatoliy Oleksiyovych Denisov v Ukraine

Today, the ICJ intervened in the case Anatoliy Oleksiyovych Denisov v Ukraine, Application no. 76639/11.

In its submission, the ICJ provided the Court with an analysis in relation to:

(a) The role of court presidents in the self-governance of the courts and in maintaining judicial independence;

(b) International standards in relation to security of tenure of judges and court presidents;

(c) The importance of procedural safeguards, including under Article 6.1 ECHR, in decisions affecting the career and tenure of court presidents; and

(d) In light of international standards and principles, the extent to which a disciplinary measure such as removal from the position of president of a court may interfere with the right to respect for private life as protected by Article 8 ECHR.

The ICJ argued that court presidents, in many European jurisdictions, play an important role in the self-governance and impartiality of the judiciary.

Upholding the independence of the judiciary requires, inter alia, that court presidents should, in the discharge of these functions, enjoy independence from the executive, as well as from other powerful interests.

The intervener will argue that the nature of court presidents’ role has consequences for the application of Convention rights to measures affecting their judicial career, including removal from the role of court president, even in cases where they retain judicial office.

Ukraine-Denisov v Ukraine -Advocacy-legal submission-2017-ENG (full text in PDF)

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