Judicial independence in Europe is increasingly under severe pressure.
In particular in times of rising authoritarianism, an independent judiciary is vital. However, judicial
independence in Europe is increasingly under severe pressure.
National judiciaries are integral part of the EU judicial system. However, in a growing number of
member states the judiciary and the prosecution are increasingly attacked by national governments,
politicized or even fully captured, thus dangerously weakening the entire EU judicial system.
The authority of the two top European courts - the EU Court of Justice and the European Court of
Human Rights - is openly called into question by national governments, while there are growing
attempts by national governments to politicize the appointment of judges to both courts. Nine EU
member state governments attempt to interfere with the judicial procedures of the European Court
of Human Rights. Meanwhile the implementation of rulings of both top courts has been in steep
decline for several years.
Judges of the International Criminal Court are victims of severe harassment, while ICC arrest
warrants are blatantly ignored. The European Public Prosecutor meets with obstruction and even
physical threats, and punitive actions from national governments and the European Commission.
Volt warns that the European Union may not yet have reached a US-style collapse of the judicial
system, but the alarming trend of eroding judicial independence must be curbed. The recently
launched “EU Democracy Shield” is not an adequate response to the threat. Volt calls for an Integral
Action Plan for bolstering judicial independence in Europe.
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