The right to an independent and impartial court or adjudicating authority as guaranteed under Article 39 of the Maltese constitution and Article 6 of the European Convention on Human Rights

Abstract

This thesis focuses on the right to an independent and impartial court or adjudicating authority, which is one of the fundamental rights, guaranteed under Article 6 of the European Convention on Human Rights and Article 39 of the Constitution of Malta. It deals with the concepts of independence and impartiality. This thesis analysis, the requirements to an independent and impartial court or adjudicating authority. It also examines, the way the European Court of Human Rights and the Maltese Courts of Constitutional Jurisdiction interpreted the concepts of independence and impartiality, throughout the years when deciding the cases before them. This thesis also focuses on the controversial Maltese mandatory arbitration cases, in relation to the right to an independent and impartial tribunal. It analysis the contrasting manner in which the Maltese Courts of Constitutional Jurisdiction dealt with these cases. The last part of this thesis deals with the case of the European Court of Human Rights Demicoli v. Malta, since it is of a great significance, because it was the first to be launched against Malta. This thesis examines, the issues which were raised and the criteria which were used by the European Court of Human Rights, in order to determine the case. Therefore, the author aims to provide a detailed analysis on the right to a fair trial by an independent and impartial court or adjudicating authority, according to the European Court of Human Rights and the Maltese Constitution, and seeks to establish the manner which the States and the parties, applied the concepts of independence and impartiality in their disputes.