The Imperative of Open Justice from a Human Rights Perspective

This chapter analyzes the principle of open justice from the perspective of human rights, and specifically through the lens of Article 6 (fair trial) and Article 10 (freedom of expression) of the European Convention of Human Rights (ECHR). It finds that the rich body of case-law at the ECtHR level has shown a constant evolution on this topic. It concludes with the synthetic and hybrid nature of the principle of open justice, which is acknowledged protection under both the right to a fair trial and the right to be informed. The chapter also looks at the question from the perspective of Article 47(2) of the European Charter of Fundamental Rights, as interpreted by the ECJ through its own jurisprudence on the question.