21 Dezember 2022
Judicial Reform in Times of War
Russia launched its big war against Ukraine at a time when Ukraine has started implementing a comprehensive and genuine judicial reform. Ukraine has not only managed to resist the attack but also kept implementing the reforms and strengthening democratic institutions. This article describes the Ukrainian experience of the functioning of the judiciary and reforming judicial governance institutions during martial law times. 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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26 November 2020
Dissimilar Similarities
In the EU, most attention is paid to the judicial reforms underway in Hungary and Poland, which threaten judicial independence and the rule of law. The concurrent judicial reforms in Norway and Slovakia have received almost no attention. Although quite dissimilar to the former set, the latter underscore that institutional reforms cannot be viewed apart from their social and political settings. Continue reading >>08 Oktober 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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06 April 2019
What Does the Spring Bring for the Rule of Law in Europe?
The Hungarian minister of justice requested the opinion of the Venice Commission on two bills establishing a new administrative court system in November 2018. Yet, before the Venice Commission got to have its say, the twin laws were adopted in December 2018, with the new courts expected to commence their work in January 2020. Continue reading >>
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21 Dezember 2017
Cats, Constitutions and Crises: Dissemination of Research on the Rule of Law Crisis in Poland in a Social Media Age
On "Ceiling Sejm", the Cat, GIF Memes and other ways to fight for the rule of law in Poland in the age of social media and to reach millennials with legal academic expertise. Continue reading >>29 September 2017
President Duda is Destroying the Rule of Law instead of Fixing it
Were the president of any country to propose acts of law that remove almost half of the members of its supreme court, interrupt the constitutional term of office of the chairperson of such court, give himself the right to appoint a new chairperson of the court, and finally, interrupt the constitutionally defined term of office of a judicial council responsible for appointing judges, the consequences of such manifestly unconstitutional solutions would be massive public opposition and accusations of a coup d’état. And yet in Poland, where this is exactly what is happening, the President’s proposals are met with understanding. Why? Because they are perceived as better than the even more unconstitutional proposals put forward earlier by the ruling party, Law and Justice. Continue reading >>
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23 September 2015
Where do we stand on the reform of the EU’s Court System? On a reform as short-sighted as the attempts to force through its adoption
Last October, the CJEU has proposed to double the number of judges at the General Court to help tackling its growing workload. The legislative process this proposal is currently undergoing appears to be marred by a pattern of procedural irregularities whose only aim seems to be the speedy adoption of the reform and – more troublingly – may also be construed as a joint advocacy strategy designed to systematically eliminate any opportunity for a public, well informed and evidence-based debate. Should this reform go through (as it appears likely), damaging evidence might yet come to light and the authority and legitimacy of relevant EU institutions will be further undermined at a time where they have little to spare. Continue reading >>
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