340. Tribunal which lacks independence and impartiality cannot guarantee a fair hearing.

The right to an independent and impartial tribunal established by law1 is unqualified because a tribunal which lacks independence and impartiality (conditions which frequently overlap in the jurisprudence) cannot guarantee a fair hearing2. In order to qualify as a tribunal a body must exercise a judicial function, namely determining matters within its competence on the basis of rules of law and after proceedings conducted in a prescribed manner