Auszug aus EKMR, 12.04.1996 - 23532/94

In the determination of whether a body can be considered to be independent of the executive and of the parties to the case regard must be had to the manner of appointment of its members and the duration of their term of office, the existence of regulations governing their removal or guarantees for their irremovability, laws prohibiting their being given instructions by the executive in their adjudicatory role, the existence of legal guarantees against outside pressures, the question whether the body presents an appearance of independence and the attendance of members of the judiciary in the proceedings (e.g., Eur. Court H.R., Campbell and Fell judgment of 28 June 1984, Series A no. 80, pp. 39-41, paras. 78-81, with further references).

Auszug aus EKMR, 12.04.1996 - 23532/94

1 (Art. 6-1) must be determined according to a subjective test, that is on the basis of the personal conviction of a particular judge in a given case, and also according to an objective test, that is ascertaining whether the judge offered guarantees sufficient to exclude any legitimate doubt in this respect (e.g., Eur. Court H.R., Piersack v. Belgium judgment of 1 October 1982, Series A no. 53, p. 14, para. 30).

Auszug aus EKMR, 12.04.1996 - 23532/94

It amounts to a control of the use of his property which must be examined under the second paragraph of Article 1 of Protocol No. 1 (P1-1) as to its lawfulness, purpose and proportionality (e.g., Eur. Court H.R., Tre Traktörer AB judgment of 7 July 1989, Series A no. 159, pp. 22-24, paras. 55-62).

Auszug aus EKMR, 12.04.1996 - 23532/94

1 (Art. 6-1) of the Convention secures, inter alia, the right of access to a court (e.g., Eur. Court H.R., Philis judgment of 27 August 1991, Series A no. 209, p. 20, para. 59).