Nezavisnost sudstva kao element pravičnog postupka
Judicial Independence as an Element of a Fair Trial

Summary/Abstract: Right to a fair trial is one of the fundamental rights guaranteed by Article 6 of the European Convention on Human Rights. It is also incorporated into the Constitution of Bosnia and Herzegovina in its Article 2. In order for the right to a fair trial to be respected, judicial independence is one of the main elements that needs to be ensured. This document is based on elaborating the general standards of judicial independence and the way it is regulated through national norms. First part of the document precisely explains three main principles of judicial independence and independence of every judge itself. Furthermore, the rest of the document explains the judicial independence in Bosnia and Herzegovina by elaborating the work of the Judiciary with an emphasis on the work of High Judicial and Prosecutorial Council of Bosnia and Herzegovina. This document provides for plenty of case law of the European Court of Human Rights and Constitutional Court of Bosnia and Herzegovina which defined judicial independence and determined main elements needed to be fulfilled for it.

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