New Project: Promoting the Rule of Law in Europe through the Implementation of Judgments of the ECtHR Concerning Independence and Impartiality of the Judiciary
/
EIN is launching a new project initiative that aims to promote the independence and impartiality of the judiciary in Europe, through the implementation of judgments of the European Court of Human Rights on this topic.
How Judgments of the European Court of Human Rights Can Help Protect the Rule of Law
Judgments of the European Court of Human Rights addressing the issues of independence and impartiality of the judiciary and prosecution play an important role in Europe’s institutional response to the backsliding of the rule of law. They identify shortcomings that lie at the heart of the rule of law-related problematic, the relevant findings having been made by an international body that has a high level of legal and institutional authority.
The procedure set forth for the implementation of the Strasbourg Court judgments provides a fundamental framework for defining and facilitating much needed reforms related to the independence and impartiality of the judiciary. Following a Strasbourg Court judgment, the government of the country concerned is required to carry out reforms to address the underlying rule of law problem – a process which is monitored by the Council of Europe. The Council of Europe standards and practice provide guidelines about what reforms are necessary; the state is obliged to submit regular reporting about progress made; and the country’s government is held to account regarding their progress by other European states in regular meetings of the Council of Europe’s Committee of Ministers. In cases concerning the rule of law (stricto sensu), such measures can range from adopting provisions to ensure freedom of expression of magistrates on matters related to judiciary reforms, to ensuring the lawful composition of superior courts.
In states where the European Court of Human Rights has found a violation concerning the rule of law and conditions for change do not yet exist, the continuation of the implementation process for rule of law judgments before the Committee of Ministers is in itself invaluable for holding the government to account, and supporting pressure in other parts of Europe’s rule of law architecture.
The Importance of Stakeholder Input
The input of national organisations working on rule of law issues is fundamental to the implementation of judgments concerning the independence and impartiality of judges and prosecutors. However, knowledge and experience-sharing in this area is still rather limited.
The Project
We aim at the creation of an informal network of organisations and individuals who are working on the implementation of ECtHR judgments concerning the independence and impartiality of the judiciary – and ensuring that this network is adequately connected, informed and supported to achieve change. Such a network currently does not exist and the work of relevant stakeholders is not adequately supported as a result.
In particular, we propose the following:
A launch event for collaborative work on the implementation of ECtHR judgments concerning the independence and impartiality of the judiciary and the prosecution.
Publication of a written report on ECtHR judgments pertaining to the independence of the judiciary and the prosecution, with an emphasis on those cases in respect of which significant delays are recorded in the adoption of effective measures to tackle the violations established by the Strasbourg Court.
Support for the network’s ongoing work in promoting the implementation of ECtHR judgments independence of the judiciary and the prosecution.
Interested organisations are invited to reach out to EIN at: contact@einnetwork.org.