Ratification of Judges and Judicial Independence in the Inter-American Court of Human Rights Case-law (in-person panel in Wrocław)

Recent judgments of the I-ACtHR have addressed the issue of the ratification of judges from the perspective of the principle of judicial independence (JI) (Cuya Lavy et al. vs. Peru, 2021; Moya Solís vs. Peru, 2021). In what sense is the ratification process “materially punitive”, as the Inter-American Court says? Is it a type of judicial disciplinary process or does it have a different nature and scope? Can a country maintain ratification processes in accordance with Am. Conv. H.R.? And how to guarantee that it does not violate JI?

The presentation will review the evolution of inter-American case-law on JI, as well as that of the Peruvian Constitutional Court, contrasting them and appreciating points of opposition and complementarity.

It will also introduce comparative elements with ECtHR decisions on judicial disciplinary control and JI (for example, Baka vs. Hungary, 2016; Kovesi vs. Romania, 2020; Ramos Nunez de Carvalho e Sá vs. Portugal, 2018; Kudeshkina vs. Russia, 2009).