The Eighth Regional Rule of Law Forum for South-East Europe

3-4 September 2021

The Eighth Regional Rule of Law Forum for South-East Europe, hosted by the AIRE Centre and Civil Rights Defenders, took place on 3 and 4 September 2021.

The Forum consisted of a central conference in Dubrovnik, bringing together the President of the European Court of Human Rights Robert Spano, judges and former judges of the European Court of Human Rights and the former Director and Secretary of the Council of Europe Venice Commission. Over 120 representatives from across the region met at national working hubs in Belgrade, Podgorica, Pristina, Sarajevo, Skopje, Tirana and Zagreb, where attendees included presidents and judges of supreme and constitutional courts, ombudspersons, government agents before the Strasbourg Court, representatives of judicial centres/academies, representatives of NGOs, and prominent legal experts from the region.

  The Forum was supported by the Konrad Adenauer Foundation, UK Government and the Government of Sweden.

 Independence and Impartiality of the Judiciary 

 The topic for this year’s Forum was “independence and impartiality of the judiciary“.  

 Understanding and implementing the requirements of the right to a hearing by an independent and impartial tribunal established by law under Article 6 ECHR are two essential aspects of efforts to strengthen the rule of law across the Western Balkans. 

President Spano’s opening address underlined the vitality of this principle, whilst warning of the current threats posed to independence and impartiality of the judiciary across Europe.

During three panel discussions judges and former judges of the ECtHR:

  • Distilled the key principles and requirements developed by the ECtHR in respect of the right to a hearing by an independent and impartial tribunal established by law, taking account of the very latest developments of the Court.
  • Examined the interrelationship between the right to an independent and impartial judiciary under Article 6 and protection of the rights under all other Articles of the Convention.
  • Advised on key practical measures to safeguard independence and impartiality. 

Participants further benefitted from a presentation by Thomas Markert, former Director and Secretary of the Council of Europe Venice Commission, on the role of the Venice Commission in safeguarding judicial independence. 

The Forum was, as always, an interactive event, with participants across the region connected via video link. Each presentation was therefore followed by a rich discussion between the national and central hubs on how to apply and implement the principles elucidated in the panel discussions in the particular context of the countries of the region. Participants reflected on some of the key challenges to safeguarding independence and impartiality in the region as well as some of the most effective, practical ways to try to overcome such challenges.

A full report of the Forum, as well as videos of each presentation and copies of the speeches delivered, will be available on this site very soon.

Report

Welcome and introduction to the Forum

Speaker: Biljana Braithwaite, Western Balkans Programme Director, the AIRE Centre

The existence of an independent and impartial judicial system is required to hold State authorities to account where their actions threaten human rights or run contrary to rule of law. Safeguarding the independence and impartiality of the judiciary is therefore essential not only to meet the requirements of Article 6 ECHR, but also to ensure effective protection by the courts of every other Convention right, and ultimately to uphold the rule of law.”

Welcome and introduction to the Forum

Speaker: Goran Miletić, Director for Europe, Civil Rights Defenders

It is crucial to discuss this topic to tackle impunity and guarantee accountability…improvement in any area of human rights is not possible without truly independent courts.”

Welcome and introduction to the Forum

Speaker: Dr. Pavel Usvatov, Director of Rule of Law Programme for South East Europe, Konrad Adenauer Foundation

Protecting independence and impartiality is about safeguarding the rights of people to the protection of the courts. It is not enough simply to implement a technical notion of independence, citizens need to have awareness, confidence and trust in their justice system.”

The Rule of Law under Pressure – Reflections on the Independence and Impartiality of the Judiciary

Speaker: Robert Spano, President of the European Court of Human Rights

The rule of law is under pressure across European democracies…it must be reinforced and embedded in societies…it is not a slogan but a fundamental structural principle which is a prerequisite for stability and happiness in democracy.

 National judges are the primary guardians of Convention rights. The ECtHR is a safety valve to assist in the implementation of ECHR rights, but ultimately we need a strong community of independent and impartial courts to implement such rights across Europe.”

Speech

Panel Discussion – The Key Criteria to determine if a tribunal is independent, impartial and established by law

A discussion analysing the key criteria used by the Court to establish if a tribunal is independent and impartial, taking account of the latest developments in the ECtHR case law, including the recent expansion of the Court’s approach in respect of the right to a tribunal established by law.

Panel Discussion – The relationship between independence and impartiality and other Articles of the Convention

A discussion examining the overlap between the right to a hearing by an independent and impartial judiciary and the other aspects of Article 6, including the presumption of innocence, the right to a public hearing within a reasonable time and the need for transparent judgments. The panel also discussed the importance of upholding the right to an independent and impartial hearing as part of efforts to uphold all other Convention rights, as well analysing the difficult balancing act that must sometimes be struck between protecting the rights of judges as individuals and preserving their independence and impartiality.

Overview of the situation in the Western Balkans

Presentations from the city hubs in Belgrade, Podgorica, Pristina, Sarajevo, Skopje, Tirana and Zagreb reflecting on the main challenges to safeguarding the independence and impartiality of the judiciary in the region, as well as sharing best practice in seeking to overcome these challenges.

The Role of the Venice Commission in safeguarding judicial independence

Speaker: Thomas Markert, Former Director and Secretary of the Venice Commission

It is clear that judicial independence does not depend on legal and constitutional rules alone but also on the legal and political culture of the country concerned. There can be no one-size-fits-all model of judicial organisation, but, while the means may differ, all solutions have to achieve the end result of ensuring judicial independence.”

 

Speech

Panel Discussion – Safeguarding the right to an independent and impartial judiciary established by law

A discussion of the key challenges and best practice in the region and across Europe in terms of safeguarding independence and impartiality, including an overview of the role of the judiciary, other branches of government and other institutions, including judicial councils and the media in upholding this principle.

Closing Remarks

Conclusions from the Forum presented by Biljana Braithwaite and Goran Miletić.