Full Description
This timely book examines European and national standards and institutions for sustaining judicial independence and upholding the foundational value of the rule of law. It highlights the nuanced and essential role of independent courts in fostering the shared values of the EU against a background of democratic backsliding.
Contributors present topical insights into how judicial independence has come under pressure in recent years, in the context of backlash against international courts, the (in)effectiveness of human rights, populism and the retreat of multilateralism. But they not only just document systemic judicial capture and scattered violations of judicial independence, but they also explore effective strategies to sustain and restore the independence of courts. Authors adopt a multidisciplinary approach drawing on legal philosophy as well as sociological, empirical, and political science. They fill a gap in the existing literature by focusing on judicial independence rather than broader concerns about the rule of law.
Sustaining the Rule of Law: The Future of Judicial Independence in Europe is an essential resource for scholars and students of constitutional and administrative law, European law, politics, and public policy. It will also be a useful guide for legal practitioners, lawyers who specialize in EU law, and policymakers.
Contents
Contents
List of contributors vii
1 Introduction: sustaining judicial independence 1
Petra Bárd and Jasper Krommendijk
2 A case for the judicial enforcement of principles 37
Kim Lane Scheppele
3 Why judicial independence collapses: constitutional identity
to Mars, the rule of law to Venus? 58
Violeta Beširević
4 Sustainable rule of law and democracy: another perspective 79
Zoltán Fleck
5 Judicial independence: an argument that even populists will
love 99
Károly Bárd
6 The European Commission's Rule of Law Report in the area
of judicial independence 109
Wouter van Ballegooij and Matthias Schmidt
7 Constitutional avoidance and values enforcement in the
European Union: pattern or policy? 138
Barbara Grabowska-Moroz
8 To catch the wind: the protection of judicial independence by
the European Court of Human Rights 164
Rick Lawson
9 Blowing the rule of law away? Autocratic legalism meets
supranational opportunism 186
Dimitry V. Kochenov
10 Three requirements for developing an independent judiciary
in Ukraine: the contribution of the OECD 5th round of
monitoring the Ukrainian judiciary (2023-2024) 206
Kees Sterk
11 The role of the Romanian Judges' Forum Association in
defending the rule of law 221
Dragoș Călin
12 An accident waiting to happen? Risks of centralized court
administration and how to address them 243
Theo Tsomidis
13 Rebuilding and keeping the rule of law: of signposts, lessons,
and our civic fidelities 262
Tomasz Tadeusz Koncewicz
14 Unpacking judicial resistance: Europe's national judges and
rule of law backsliding 287
John Morijn
15 The role of independent competition authorities as quasi-
courts in defending rule of law values in Europe 308
Kati Cseres
16 Conclusion to Sustaining the Rule of Law 329
Petra Bárd and Jasper Krommendijk
