SEPARATE OPINION OF JUDGE DE GAETANO

I have voted with the majority even on the third head of the operative part of the judgment (i.e. that it is not necessary to examine separately the complaint under Article 10). To be sure, however, the formula adopted in § 59 is more suitable when the test, to be applied in determining whether or not there has been a breach of more than one article of the Convention, is identical, or at least very similar. In the instant case the test applied for the purpose of Article 6 § 1 is that of the objective and subjective impartiality of the judge. For the purpose of Article 10, however, the test would have been different toto coelo : the interference, although possibly necessary in a democratic society for maintaining the authority of the judiciary, was not one prescribed by law (see § 14). There seems to be precious little case ‑ law or guidelines as to when the formula used in § 59 should or should not be applied. In the absence of such case-law or guidelines, the Court ’ s decision that “it does not consider it necessary to examine separately” whether one or more other provisions of the Convention have been breached often appears to lack strict judicial logic.