Alcune riflessioni sull’indipendenza giudiziaria nel contesto europeo

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Some Remarks on the Judiciary Independence in the European Context.

This article aims to provide some reflections on the links between judiciary independence, the rule of law, and the role of judges both national and European.
First of all, it focuses on the evolution of judiciary independence during the XIX century. It is useful to show the changes in the role of the judge in the constitutional and European systems. Then, it shows how the European Court of Justice and the European Court of Human Rights have developed criteria to ensure the independence of judges, analyzing them. Moreover, it examines the criteria that have been developed by the European courts and by the opinions of the Consultative Council of European Judges about the independence of the Judiciary Councils.