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, politicised 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 politicise 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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