16 January 2023
Judicial Impartiality in Indonesia Under Attack
The independence of judicial power in Indonesia is in a precarious situation. Lately, the parliament haphazardly dismissed Constitutional Judge Aswanto, a parliament-proposed Constitutional Judge. This situation was exacerbated through the inauguration of the parliament-proposed substitute, Constitutional Judge Guntur Hamzah, by President Widodo who could have refused to authorize this illegal act. Instead, President Widodo took part in the destruction of the Constitutional Court, putting judicial independence in Indonesia in jeopardy, particularly facing the upcoming 2024 election. Continue reading >>
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18 November 2022
The Tangible and Imminent Threat to Israel’s Judicial Independence
A fierce debate is raging these days about the democratic implications of the Israeli 2022 elections to the twenty-fifth Knesset (legislature). Yet, those who read the platform of the Religious Zionist Party—as expressed in the program "Law and Justice-Reform of the Judicial System," signed by the members of the Knesset, Bezalel Smotrich and Simcha Rothman—cannot ignore the real and imminent danger to Israel’s judicial independence. The top item on their agenda, published during their election campaign, is changing the judicial appointment process. Continue reading >>
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31 October 2022
A Chamber of Certain Liability
The establishment of the Chamber of Professional Liability is the latest installment in the saga, in which the Polish Law & Justice government tries to ‘reform’ the Supreme Court. It shows, in a nutshell, all the major issues of the rule of law crisis in Poland: conflict with the European Commission and loss of EU funds; apparent concessions and leaving old issues intact; split in the Polish legal community between lawful and unlawful judges. All the elements of drama are here and it all begins with the Disciplinary Chamber of the Supreme Court. Continue reading >>
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07 October 2022
How to Prevent Blockage of Judicial Appointments
Deadlock is a familiar phenomenon when it comes to the election of constitutional court or other apex court members. Currently, several appointments for the Spanish Constitutional Tribunal, inter alia, are blocked by a deadlocked General Council of the Judiciary. In many jurisdictions, rules are in place which aim to prevent at least some of these adversities. There is, however, a problem with these solutions. Continue reading >>29 September 2022
Lessons from the United Kingdom’s “Enemies of the People” case
It is difficult to deny evidence of a potential backlash against the judiciary in the UK. Both Miller decisions sent shockwaves through the United Kingdom. This is despite both decisions having the effect of protecting the powers of Parliament rather than the courts, and both having a marginal, if any, impact on the ability of the UK government to achieve its desired Brexit outcome. It is hard to forget the ‘Enemies of the People’ headline following the first Miller decision. Continue reading >>
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29 September 2022
Attack or Reform – Mária Kolíková’s legacy
Judicial reforms are always a sensitive topic. Judicial independence is a fundamental principle of liberal democracy and the rule of law. It is often treated like a golden calf, and this worship falls into a ritual. Therefore any interference with the judiciary by the executive or legislative power always raises attention. However, what distinguishes reform from an attack? Part II of this article on the Slovak judicial reform compare latest interventions in the judiciary to other reforms in Visegrad countries. Continue reading >>
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28 September 2022
Mária Kolíková is leaving
A few weeks ago in Slovakia, after the last step of the reforms of the judiciary structure and the separation of powers was achieved, the coalition crisis broke out in full scope. Furthermore, after a two months long ultimatum, the liberals left the coalition. This step also meant the resignation of the Justice Minister, who was responsible for the judicial reform over the last two years. Now is the right time to summarize how Justice Minister Mária Kolíková succeeded in her efforts to reform the judiciary. This is part I of a two part article on the Slovak reform of the judiciary. Continue reading >>
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27 September 2022
Defective Judicial Appointments in Hungary
In recent years, a series of irregularities have been revealed in relation to judicial appointments in Hungary which have compromised judicial independence and raised serious rule of law concerns. These problems have been highlighted by various domestic and international stakeholders, and issues in the judiciary have become a core chapter in negotiations between Hungary and the EU within the framework of several rule of law mechanisms. The latest round of debates revolves around judicial appointments made by Chief Justice Varga to the Supreme Court which again raise the problem of institutional manipulation of the rules safeguarding the independence of the judiciary. Continue reading >>
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16 September 2022