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In January 2024, at the behest of the European Implementation Network’s (EIN) member organisations which operate in countries where the rule of law backsliding is or has until recently been an acute problem, and with the kind support of the Ministry of Foreign Affairs of the Netherlands, EIN launched a one-year project on “Promoting the Rule of Law in Europe through the Implementation of Judgments of the ECtHR Concerning Independence and Impartiality of the Judiciary”. The idea 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 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.
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Factors facilitating implementation in the rule of law cases: best practices, achieved progress and ongoing concerns
A first panel will delve into judgments whose examination has been closed by the Committee of Ministers, or judgments in respect of which important progress has been achieved implementation-wise. The panel will attempt to explore the circumstances that paved the way for these positive developments, good practices that emerged along the way, as well as the sustainability of the solutions found, in the light of remaining concerns or unresolved issues which resurface, often in the guise of new problems.
Pockets of resistance to the implementation of ECtHR rule of law judgments — Any small windows of opportunity in an otherwise uphill struggle?
The second panel will explore the past, present and future of rule of law-related ECtHR rulings which constitute implementation stumbling blocks, either because of the overall rule of law-averse political landscape in the jurisdictions concerned or because of the authorities’ reticence or reluctance to respond to the complex nature of the problems identified by the Court in a holistic manner, so far opting for piecemeal solutions. Potential small victories celebrated within an otherwise grim context will be put in the limelight, in an effort to examine the contribution of the implementation mechanism to safeguarding core democratic values and principles even when adverse circumstances prevail at national level.
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The Polish “rule of law laboratory”: Competing fundamental principles — What lessons learned from the Albanian example?
The third panel will discuss highly topical questions on the requirements and limitations of the implementation mechanism in cases where the principle of rule of law competes – or at least appears to be competing- with other fundamental principles (such as the principle of legal certainty). The challenges in ensuring effective implementation of rule of law-related ECtHR judgments in the particular environment of the Polish jurisdiction -a country transitioning from an unfavorable environment for the rule of law towards its reinstatement- will be examined against the background of solutions found in Albania, a jurisdiction faced with comparable dilemmas - albeit stemming from utterly different circumstances and considerations.
Novel aspects of and approaches to the rule of law problem
A fourth panel will attempt an out-of -the -box approach with a view to maximising the impact of litigation and implementation-monitoring in upholding the rule of law. Situations that go beyond the usual rule of law-adverse landscape but nevertheless amount to concealed efforts to intimidate the judiciary, the potential that derives from recourse to Article 18 of the Convention, and further ideas for strengthening litigation of rule of law cases through the lessons learned at implementation level will be looked into.
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Substantial wrap-up through the insights of the academia
The last panel will aim at ensuring a thorough and substantial wrap-up of the exchanges of the day. After having heard the point of view of practitioners, who constitute the main beneficiaries and target audience of this conference and overall project, distinguished members of the academic community will reflect on the main conclusions deriving from the discussions of each panel and will offer their valuable academic insight in respect of the different challenges for the Convention system and implementation mechanism.