Access to a genuinely independent and impartial trial: a review of the sixteenth sustainability goal completeness

Abstract

The sixteenth sustainability goal is about equality in access to justice. However, according to some events in Eastern Europe, access is insufficient. The court must be genuinely independent and impartial. In this regard, we decided to find arguments in favour of expanding the sixteenth sustainability goal. A review of the sources and a theoretical study indicated a clear link between judicial independence and sustainable development. We used the method of doctrinal research. ECtHR cases have become our data for qualitative analysis. We have reaffirmed that judicial independence is the condition of the rule of law. It means conduction of proceedings without any pressure or interference on a judge, particularly from other branches of government. We argue that the entire independence of the judiciary appears on the background of the subjective and objective independence of the judge. In addition, this study demonstrates that judicial independence is a condition for sustainable development. It is associated with public trust and public confidence in the reality of such independence. In the example of equality of parties, we pointed out that there is no need to detail the sixteenth goal further. With our study, we wish to breathe new energy into the sixteenth goal of sustainable development