Micallef against Malta - 17056/06 [2011] ECHR 2153 (2 December 2011)

Close family ties between the presiding judge and advocates for the opposing party objectively justified fears of lack of impartiality, constituting a violation of Article 6§1.

Citation: [2011] ECHR 2153
Parties: Applicant: Micallef; Respondent: Malta
Jurisdiction: European Union
Judgment Date: 02 December 2011
Procedural Posture: Application to European Court of Human Rights / Execution of Judgment
Outcome: case closed after execution of judgment
Legal Topics: Judicial Impartiality, Right to Fair Hearing

Human Rights Civil Procedure Judicial Impartiality Right to Fair Hearing

Case Brief

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Parties

Micallef

Applicant

Malta

Respondent

Procedural Posture

Application to European Court of Human Rights / Execution of Judgment

Legal Issues

1 lack of objective impartiality of presiding judge
2 right to fair hearing under Article 6§1

Ratio Decidendi

Close family ties between the presiding judge and advocates for the opposing party objectively justified fears of lack of impartiality, constituting a violation of Article 6§1.

Court Disposition

case closed after execution of judgment

Orders

payment of just satisfaction to applicant
no further individual measures required