15 October 2020
Justice and Independence, an Actual Problem in Spain
On October 13, the Spanish Government presented a bill to Parliament with one main objective: to reduce the parliamentary majorities to appoint the members of the General Council of the Judiciary. Its purpose is to overcome a political blockage in the renewal of its members, which has already lasted two years. But the government's attempt, somehow awkward, has been quickly compared to maneuvers to control the judiciary in Poland and Hungary. However, this bill and those exaggerated criticisms conceal a much more relevant and, above all, sadder reality. Continue reading >>
3 
13 October 2020
The Last Days of the Independent Supreme Court of Hungary?
Ordinary courts seem to have remained the last bulwark of individual freedom and the rule of law since the Fidesz government has successfully undermined other nominally democratic institutions, including the Constitutional Court. While the recently published EU Rule of law report discusses the problems of judicial independence in great detail, so far, ordinary courts have resisted political pressure relatively well, largely because of the ruling party’s failure to capture the professional leadership of the judiciary. Various legislative changes by the government in recent years coupled with the upcoming election of the Supreme Court’s new Chief Justice, however, could be fatal to the independence of Hungary’s entire justice system. Continue reading >>
0
09 October 2020
Rule of Law as Ideology
On pride, humility and German-American constitutional friendship Continue reading >>
0
07 October 2020
LawRules #3: We need to talk about Disciplinary Proceedings
Disciplinary proceedings against judges can be a blunt but efficient way to force the independent judiciary under the control of an authoritarian government. How does this work? What can be done against it? What safeguards can be implemented? This is what we discuss this week with the outgoing Polish Ombudsman ADAM BODNAR, with the Slovenian Supreme Court judge and CCJE President NINA BETETTO and with the Spanisch scholar and administrative law professor SUSANA DE LA SIERRA. Continue reading >>
0
01 October 2020
Today Tuleya, Tomorrow the EU
Igor Tuleya is someone you should know. He is your judge, wherever you live in the EU. More specifically, he is a judge at the District Court in Warsaw. Next Monday, on October 5th 2020, he may lose his judicial immunity as a result of a hearing before the “Disciplinary Chamber” of the Polish Supreme Court. If this happens, he will likely face subsequent criminal charges, and, as a consequence, a very real risk of imprisonment. If this happens, it will affect every independent and impartial judge in Poland. If this happens, it will affect every EU citizen too. Continue reading >>
0
30 September 2020
LawRules #2: We need to talk about Judicial Nominations
It's easy to agree that judicial independence is important – but who gets to be a part of the judiciary, who gets promoted to which court and who enters the highest ranks is a decision that has to be taken by someone, and a lot depends on who that someone is. Controlling judicial nominations is one of the key elements in all authoritarian takeover strategies which have been implemented in recent years in Poland, in Hungary and elsewhere. This is what we will discuss with the president of the European Network of Councils of the Judiciary, a member of the board of the Polish independent judges’ association IUSTITIA, and a German judge at the Bundesgerichtshof. Continue reading >>
0
28 September 2020
Before It’s Too Late
Dear President von der Leyen, in your recent State of the Union address, you rightly emphasized that “breaches of the rule of law cannot be tolerated.” We are sorry to say we are seeing ample evidence to the contrary. Continue reading >>25 September 2020
Action and Reaction
On the packing of courts, when one should do it, and when one should not. Continue reading >>25 September 2020
Aktion und Reaktion
Über Court Packing und wann man es lassen sollte. Und wann nicht. Continue reading >>
0
24 September 2020