03 December 2019
A Captured State
The need for a rapid EU response in the rule of law crisis in Malta is evident: Every aspect of Daphne Caruana Galizia’s assassination case is susceptible to political interference from the Office of the Prime Minister. The police force is politically controlled, the magistrate is politically appointed, any pardons which may be granted to extract further information are within the gift of the Prime Minister, as are the chief prosecutors’ career prospects. The question of judicial independence, acute as it is, is just the tip of a rather large iceberg. Continue reading >>
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01 December 2019
Building on #WithWoj
Just days away from a new Commission taking office that proclaims to put rule-of-law protection centre-stage, this may be a good time to suggest some ways forward based on the energy generated by, and experiences with #WithWoj. I suggest there are three elements, and each may be counterintuitive and/or confrontational. Continue reading >>
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26 November 2019
One Step Back, Two Steps Forward
The Hungarian Government has officially abandoned its plans to reform the administrative court system. However, the plan to subdue the judiciary is pursued as relentlessly as ever: On 12 November 2019, the Hungarian Government introduced an omnibus legislation which would extend political influence over the judiciary and guarantee judicial decisions favorable to the Government in politically sensitive cases. Continue reading >>
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26 November 2019
The Power of ‘Appearances’
Last week the EU Court of Justice replied to Polish Supreme Court’s preliminary references regarding the independence of judges of its Disciplinary Chamber. The good news is that the ECJ gave to all Polish courts a powerful tool to ensure each citizen’s right to a fair trial before an independent judge, without undermining the systems of judicial appointments in other Member States. The bad news is that the test of appearance may easily be misused or abused. Continue reading >>
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24 October 2019
So Why Don’t We Just Call the Whole Rule of Law Thing Off, Then?
Civil society is aware of the dual standards vis-à -vis the rule of law, which emerge when one compares the Commission’s reaction to troublesome developments in Bulgaria to its policies on Poland, Hungary, and Romania. The latest CVM report on Bulgaria not only confirms this, but also leaves the impression that the Commission has given up on Bulgaria’s rule of law. Continue reading >>15 October 2019
Deep Rot in Slovakia
Unlike in Poland and Hungary, the government in Slovakia has not mounted a serious offence against the judiciary in the preceding decade. On the contrary, there is a persuasive argument that a high degree of judicial (and prosecutorial) independence has shielded individuals from being held accountable. Continue reading >>
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11 October 2019
Creating a Safe Venue of Judicial Review
On 24 September 2019, Advocate General Tanchev delivered his opinion in joined cases C-558/18 and C-563/18. It is his latest involvement in a series of cases which concern the rule of law in Poland and which is questionable from a legal as well as factual standpoint. Continue reading >>
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08 October 2019
When the Judiciary Undermines Judicial Independence
India’s Supreme Court has long sought to protect itself, mostly through an insulated appointment system, from political pressures. Judicial independence seems to be the catchphrase for the Indian Judiciary when it is under pressure or attack. But how far has the Court been successful in navigating and managing the problems caused by judicial hierarchies and politics within its very own walls? Continue reading >>
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23 September 2019
Luxemburg as the Last Resort
A criminal proceeding has been suspended by a Hungarian justice of the Pest Central District Court to ask the European Court of Justice preliminary questions, inter alia, about his own judicial independence. Now, Hungary’s Supreme Court has stepped in and ruled that the reference was illegal, essentially arguing that preliminary references are not the fora to discuss such claims. In fact, however, this preliminary reference reveals that all other means to effectively challenge the rule of law backsliding in Hungary have failed. Continue reading >>
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17 September 2019
Protecting the Independence of National Councils of the Judiciary on the EU Level
Councils for the judiciary are one of the main targets in political efforts to diminish the independence of the judiciary in several countries. Since more and more countries in the EU fail to provide a minimum of security as to their independence, it is of the utmost importance that this is dealt with on Union level. Continue reading >>
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