The independence of international judges: analysis and assessment of the reforms adopted within the framework of the European Court of Human Rights

Abstract

Now that the process of reforming the ECHR's guarantee mechanism has been formally concluded, it seems appropriate to analyse and assess the scope of the measures adopted in regards to the ECtHR to improve judicial independence, at a time of growing international interest in this matter. Bearing in mind the different questions raised by the applicability of this notion to international jurisdictions and the reform process as a whole, this article examines the extent to which these measures introduce effective safeguards to enhance judicial independence in the appointment process, in relation to the security of tenure and against external pressures. The improvement is undoubted, but some challenges remain, which should in any case be addressed before the end of the extension of the deadline for the final assessment of this particular aspect of the reform, agreed in 2020 when the Interlaken process was formally closed and which means delaying that assessment until 2024.