Judicial impartiality, decorative comparative law and the Human Rights Court: ECtHR, Alexandru Marian Iancu v. Romania, Application No. 60858/15
| Author | Jaakko Husa |
| Published date | 01 June 2020 |
| Date | 01 June 2020 |
| DOI | http://doi.org/10.1177/1023263X20943125 |
| Subject Matter | Case Notes |
Case note
Judicial impartiality, decorative
comparative law and the
Human Rights Court
ECtHR, Alexandru Marian Iancu v. Romania,
Application No. 60858/15
Jaakko Husa*
Abstract
This case-note analyses the case of Alexandru Marian Iancu v. Romania, decided by the European
Court of Human Rights in February 2020. The comment addresses two essential issues involved.
The first issue concerns potential partiality of a judge who has been involved in overlapping
proceedings. The second issue concerns the judicial method the Court uses in its reasoning. The
note explains the background to the judgment, summarizing the facts leading to the judgment and
the human rights issues before the Court. Then the proceedings before the Court and the Court’s
decision are reviewed, before commenting on the judgment’s key points of significance for human
rights law and use of comparative law as a part of human rights reasoning. The critical focus is on
the comparative approach deployed by the Court.
Keywords
ECHR Article 6, impartial tribunal, right to a fair trial, comparative law
1. Introduction
In February 2020, the European Court of Human Rights (‘the Court’) delivered its judgment in the
case of Alexandru Marian Iancu v. Romania. The case features at least two matters of particular
* Chair in Law and Globalisation, University of Helsinki, Faculty of Law, Helsinki, Finland
Corresponding author:
Jaakko Husa, University of Helsinki, Faculty of Law, Yliopistonkatu, 4, 00014 Helsingin yliopisto, Finland.
E-mail: Jaakko.Husa@helsinki.fi
Maastricht Journal of European and
Comparative Law
2020, Vol. 27(3) 387–396
ªThe Author(s) 2020
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1023263X20943125
maastrichtjournal.sagepub.com
MJ
MJ
To continue reading
Request your trial