Abstract

The ECHR judgment of 24 July 2012 concerns the issue of impartiality of a judge as laid down in Article 6 § 1 of the Convention. The Court criticized the fact that the same judge, who had previously – as a judge rapporteur of the court of appeal – expressed a legal view which was subsequently followed by the first- and second-instance court, sat on the bench of the Supreme Court. The Court underlined that the mere fact of participation of the same judge in different stages of the proceedings does not lead automatically to violation of impartiality requirement. What is decisive is the relationship between the substantive issues determined by the same judge at various stages of the proceedings.