The European Court of Human Rights (ECHR) has introduced an Ethics Council aimed at providing advisory support on matters of judicial ethics. The initiative, announced on January 29, 2025, reflects the court’s ongoing commitment to maintaining high ethical standards among its judges and ensuring transparency and accountability within its operations.
The Ethics Council, formally established in December 2024 during the Plenary Court’s session, is composed of five members: the most senior Vice-President, the most senior Section President, and the three most senior sitting judges. The Registrar of the Court will assist in its functioning. The primary role of the Ethics Council will be to advise the President of the court on the ethical conduct of judges, including sitting, former, and ad hoc judges, and to address any institutional ethical issues.
This development comes in response to ongoing concerns about judicial accountability. A 2020 study by the European Centre for Law and Justice highlighted potential conflicts of interest, noting that a significant number of judges from the ECHR between 2009 and 2019 had connections with non-governmental organizations. Additionally, over 80 cases were identified in which judges did not recuse themselves despite previous ties to employers or other organizations involved in the cases.
The Ethics Council is tasked with providing guidance on preventing conflicts of interest, addressing ethical dilemmas, and enhancing the credibility of the court. This initiative is aligned with the updated Resolution on Judicial Ethics (2021), which outlines the President’s role in overseeing judicial conduct. Amendments to Article 12 of the Resolution now formalize the establishment of the Ethics Council, providing a clearer framework for managing ethical challenges.
This move mirrors similar actions taken by other international judicial bodies, including the International Criminal Court and UN tribunals, which have established specific codes of conduct to ensure their judges maintain the highest levels of impartiality, integrity, and independence.
By setting up the Ethics Council, the ECHR reinforces its commitment to judicial integrity, safeguarding the reputation and fairness of the court as it continues to navigate complex legal challenges across Europe.
Picture Attribution: European Court of Human Rights ECHR Image based on a picture taken by Marc Tilley, edited by Christian Pogies on voelkerrechtsblog.org