Promoting the Rule of Law in Europe through the Implementation of Judgments of the ECtHR Concerning Independence and Impartiality of the Judiciary

Earlier this year, the EIN launched a new project 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 concerning the independence and the impartiality of the judiciary.

The project

This project stemmed from the identification of the lack of an established network of practitioners working on the implementation of ECtHR rule of law judgments who could share information and expertise, success stories, the reasons behind them and the degree of their sustainability, as well as strategies to help overcome implementation stumbling blocks in rule of law judgments of the ECtHR.

 

As part of this project, we aim at the creation of an informal network of organisations and individuals who are working on the implementation of ECtHR judgments on this topic – 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.

  1. A launch event for collaborative work on the implementation of ECtHR judgments concerning the independence and impartiality of the judiciary and the prosecution.

  1. 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.

  2. Support for the network’s ongoing work in promoting the implementation of ECtHR judgments independence of the judiciary and the prosecution.

EIN Conference: Safeguarding the Rule of Law: Implementing ECtHR Judgments for Lasting Impact

On June 19th, the EIN is holding its conference ‘Safeguarding the Rule of Law: Implementing ECtHR Judgments for Lasting Impact’, as part of the project on ‘Promoting the Rule of Law in Europe through the Implementation of Judgments of the ECtHR Concerning Independence and Impartiality of the Judiciary’, supported by the Ministry of Foreign Affairs of The Netherlands. As the landmark event of this project, the present conference aims at empowering civil society and practitioners across Europe to promote rule of law reforms by fostering knowledge of the implementation of ECtHR judgments.

To go one step further, read our Rule of Law project-related posts on:

November 2024 - In its recent decision concerning the Xero Flor c Polsce SP. Z O.O. case, the Committee of Ministers (CM) of the Council of Europe expressed concern over the lack of substantial progress in addressing systemic issues undermining the independence of the Constitutional Court. While noting ongoing legislative efforts, including proposed reforms to ensure a lawful composition of the Constitutional Court and address decisions involving irregularly appointed judges, the CM urged Polish authorities to clarify their plans for resolving these issues and provide a clear timeline. The CM emphasised the importance of aligning reforms with European standards and encouraged cooperation with the Council of Europe’s bodies, including the Venice Commission. [Read more]

October 2024 - On October 14th, the Venice Commission (VC) and Directorate General Human Rights and Rule of Law of the Council of Europe (“DGI”) issued a landmark joint Opinion on European standards regulating the status of judges, on the basis of four questions raised by the Minister of Justice of Poland on the issue of neo-judges in Poland. The Venice Commission recommends adopting a case-by-case approach (which does not necessarily mean an individual approach, but can also involve considering grouped categories (“cohorts”) of similar appointments, in any event on the basis of pre-established criteria), giving the right to affected judges to seek judicial review against the invalidation of their nomination or promotion in case the decisions on invalidation are not taken by a judicial body. [Read more]

August 2024 - The Venice Commission’s Rule of Law Checklist, adopted in 2016, serves as a comprehensive framework for assessing a country's adherence to the rule of law through its existing legislation and case-law. The checklist acknowledges, inter alia, the importance of effective implementation of national courts' rulings for upholding the rule of law. However, the checklist's relevant benchmarks remain incomplete, and to this day, the implementation of ECtHR judgments is not a criterion for evaluating state adherence to the rule of law. In view of the envisaged updating of the checklist as a concrete follow-up to the Reykjavík Declaration, EIN was invited to exchange views with the CoE Committee of Ministers on the use and impact of the checklist so far and to make proposals for the optimisation of this tool. [Read more]

July 2024 - Earlier this month, Adam Bodnar, Minister of Justice of Poland, seized the Venice Commission (VC) for an opinion on the two basic models proposed in the context of the envisaged justice reform in Poland with a view to addressing the issue of neo-judges. The issue of neo-judges in Poland stems from the appointment or promotion of over 2,500 judges through procedures involving a National Council of the Judiciary (KRS) elected by politicians (and no longer by judges) on the basis of controversial amendments brought about in 2017 by the Law and Justice party (PiS). Polish and European courts, including the ECtHR, have since then ruled that neo-judges do not meet independence standards as a result of their appointment or promotion through procedures that involved a politicised KRS. [Read more]