Judicial independence has come under pressure in recent years, in the context of a growing backlash against international courts, the (in)effectiveness of human rights, populism, and the retreat of multilateralism. Independent courts play an essential role in fostering the shared values of the EU and protecting fundamental human rights against a background of democratic backsliding. What are effective strategies to sustain and restore the independence of courts? Which European and national standards and institutions sustain judicial independence and uphold the foundational value of the rule of law, as well as human rights?
This event marks the publication of the edited volume ‘Sustaining the Rule of Law: The Future of Judicial Independence in Europe’. The event will serve both as a book launch and as a forward-looking expert roundtable bringing together leading practitioners and scholars to discuss topical issues relating to judicial independence and the rule of law in Europe.
During the first part of the afternoon, the editors and contributing authors will offer their reflections on the theme in the light of current developments. The second part consists of an interactive roundtable with practising judges and other (academic) experts, based on the Chatham House Rule. This discussion will focus on two themes. First, how can judges themselves remain resilient in times of rule-of-law backsliding?
What institutional and personal strategies are effective, and what role do associations, peer support, and international networks play? Second, how can judges speak publicly about rule-of-law backsliding in an effective and appropriate way? How far do their freedoms of expression and assembly extend, also in the light of the ECtHR’s Danileț judgment? How can judges speak up and/or write academically without compromising their judicial independence or creating the perception that it is compromised?