Judicial independence through the lenses of EU judges: Constitutional momentum in support of European Union law and of a European Union based on the rule of law

Abstract

In the framework of the European Union, the concept of judicial independence is of particular significance, a point that is of increasing relevance. The concept is becoming more precisely defined, and it shows indicators for its assessment that are worthy of note. However, it is not yet fully formed, and is still a work in progress. It is being developed at an unprecedented pace for a very specific reason: its importance to the construction of Europe. This paper will focus on the elements that are vital in defining judicial independence. A series of questions will be raised that are key to making progress in defining the concept of judicial independence. In this paper, I will put forward my vision of judicial independence and raise specific topics and questions that I believe need to be considered fully if we are to make any progress towards achieving a robust judicial independence. First, the differences in the understanding of judicial independence on the part of the European Court of Human Rights on the one hand, and the Court of Justice of the European Union on the other are presented. Secondly, essential elements of subjective and objective judicial independence are highlighted. Thirdly, judicial independence as a judge’s right is explained. Finally, the most important elements of judicial accountability are discussed.