European Court of Human Rights - case of Van de Hurk v. the Netherlands (1994) (excerpts)

European Court of Human Rights - case of Van de Hurk v. the Netherlands (1994) (excerpts)

(...)

45. In the Court's opinion, the power to give a binding decision

which may not be altered by a non-judicial authority to the detriment

of an individual party is inherent in the very notion of a "tribunal",

as is confirmed by the word "determination" ("qui décidera") (compare

the following judgments: Benthem v. the Netherlands, 23 October 1985,

Series A no. 97, p. 17, para. 40; H. v. Belgium, 30 November 1987,

Series A no. 127, p. 34, para. 50; and Belilos v. Switzerland,

29 April 1988, Series A no. 132, p. 29, para. 64). This power can also

be seen as a component of the "independence" required by Article 6

para. 1 (art. 6-1).