Dismissals of the Court Presidents in the Visegrad Group Countries in the Light of Article 6(1) of the European Convention on Human Rights

The dismissals of the court presidents have been an issue of considerable controversy in several European jurisdictions, notably in the Visegrad Group countries (Czechia, Hungary, Poland, and Slovakia). On the one hand, these actions might be perceived as a potential threat to the independence of the judiciary. Still, on the other hand, the premature termination of the court president’s mandate may prove necessary under certain circumstances. The article explores the common problems that have arisen in the V4 states and the guarantees stemming from Article 6(1) of the European Convention on Human Rights. It provides an insight into the domestic removal mechanisms. Based on the existing ECtHR case-law, the positive duties of the States are further reconstructed with regard to the dismissals of the court presidents. The article also includes several proposals for solving specific problems that the Court has not directly addressed. Furthermore, it lists the criteria to be met by the High Contracting Parties so that the national practices regarding dismissal proceedings fully comply with the Convention.