In his contribution, the author deals with the complex interconnection between the freedom of expression of judges and the imperative of maintaining an impartial court, both in the Czech legal framework and in the broader European context. The author therefore first of all presents the standards of judicial conduct in general terms and examines how the freedom of expression of judges, limited by the nature of their profession, intersects with the right to an impartial court. At the European level, the author points out the fact that the European Convention on Human Rights forms a key background and reflects on the delicate balance between the right of judges to freedom of expression and the need for an impartial judiciary. In addition, the author refers to the case law of the European Court of Human Rights concerning subjective and objective tests of judicial impartiality. The author also examines the Czech legal context, detailing the constitutional and statutory provisions relating to the conduct of judges, in which context the author presents two practical cases.

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Freedom of Expression of Judges and Its Limitations in the Context of the Right to an Impartial Court in the Czech and European Context

  • Pavel Klíma

摘要

In his contribution, the author deals with the complex interconnection between the freedom of expression of judges and the imperative of maintaining an impartial court, both in the Czech legal framework and in the broader European context. The author therefore first of all presents the standards of judicial conduct in general terms and examines how the freedom of expression of judges, limited by the nature of their profession, intersects with the right to an impartial court. At the European level, the author points out the fact that the European Convention on Human Rights forms a key background and reflects on the delicate balance between the right of judges to freedom of expression and the need for an impartial judiciary. In addition, the author refers to the case law of the European Court of Human Rights concerning subjective and objective tests of judicial impartiality. The author also examines the Czech legal context, detailing the constitutional and statutory provisions relating to the conduct of judges, in which context the author presents two practical cases.