scholarly journals Independence of the Prosecution Service: European Approaches

2020 ◽  
Vol 25 (3) ◽  
pp. 87-97
Author(s):  
Anna Fiodorova ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Legal Regulation ◽  
Modern State ◽  
The European Union ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Social Interests ◽  
Criminal Matters

Nowadays, a modern state without the institution of prosecution could rarely be found. It is considered one of the crucial elements for the proper functioning of the system of justice and for the application of the rule of law through such functions as carrying out of pre-trial investigation and / or the prosecution in criminal matters, safeguarding social interests, and judicial independence. The objective of this article is to provide a brief reflection on the necessity and the content of the independence of the modern prosecutor’s office. The article is based on the policy tendencies used in the Council of Europe and the European Union and with the more profound analysis of the legal regulation of the Spanish prosecutor’s office and its conformity with these tendencies.

Saving Judicial Independence: A Threat to the Preliminary Ruling Mechanism?

2021 ◽  
pp. 1-27
Author(s):  
Charlotte Reyns
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Case Law ◽  
Preliminary Ruling ◽  
The European Union ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
The Eu

Admissibility of questions for preliminary ruling – Independence of courts and tribunals in the case law of the Court of Justice of the European Union as Dorsch Consult criterion under Article 267 TFEU – Independence of courts and tribunals in the case law of the Court of Justice of the European Union as element of the Rule of Law value under Article 19 TEU – Structural inadmissibility of questions for preliminary ruling as perverse consequence of the attempts to safeguard independence of the EU judiciary

Global Solutions, Local Damages: A Critical Study in Judicial Councils in Central and Eastern Europe

2014 ◽  
Vol 15 (7) ◽  
pp. 1257-1292 ◽  
Author(s):  
Michal Bobek ◽  
David Kosař
Keyword(s):  
European Union ◽  
Eastern Europe ◽  
Rule Of Law ◽  
Central And Eastern Europe ◽  
Global Solutions ◽  
Judicial Independence ◽  
Critical Study ◽  
Judicial Reform ◽  
The European Union ◽  
Council Of Europe

Judicial independence appears on most laundry lists of all bodies or institutions engaged with the rule of law. It is considered an unqualified public good. As a result, all major players engaged in legal reform and building a rule of law have diverted significant resources to this issue. For instance, the United Nations created the office of Special Rapporteur on the Independence of Judges and Lawyers in 1994. The World Bank has been investing heavily in judicial reforms in Latin America and Asia. In Europe, the Council of Europe has been pushing for judicial independence and judicial reform throughout the continent. Additionally, the European Union included judicial independence among its core requirements for the accession countries. Both organizations, the European Union and the Council of Europe, then jointly encouraged legal and judicial reforms in Central and Eastern Europe (CEE). A number of non-governmental organizations have likewise paid considerable attention to this issue.

Europe to the Rescue

2019 ◽  
pp. 192-241
Author(s):  
Wojciech Sadurski
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
The European Union ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
European Court ◽  
Venice Commission ◽  
Naming And Shaming ◽  
Near Future ◽  
The Eu

The Council of Europe (CoE) and the European Union (EU) possess significant legal instruments to affect and reverse anti-democratic changes in Poland, and some of these instruments have already been used, with varying degrees of success. The chapter opens with the CoE’s, and in particular the Venice Commission and the European Court of Human Rights’ contributions to policing Polish assaults on the rule of law. It then turns to the EU, and reflects upon the question as to whether the EU—with its assortment of different measures of ‘naming and shaming’ (Art. 7.1 Treaty on European Union (TEU)), sanctions (Arts 7.2 and 7.3 TEU), and legal infringement actions, as well as its newly crafted ‘rule of law framework’ (also known as the pre-Article 7 procedure)—has been so far, and can be in the near future, effective in cabining and reversing anti-democratic trends in one of its largest member states. The conclusion is affirmative: the EU has an important, even if limited, role to play in assisting Polish defenders of the rule of law and democracy.

scholarly journals The Teleos and the Anatomy of the Rule of Law in EU Infringement Procedures

2019 ◽  
Vol 11 (2-3) ◽  
pp. 439-445 ◽  
Author(s):  
Anna Śledzińska-Simon ◽  
Petra Bárd
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
The Rule Of Law ◽  
Judicial Protection ◽  
The Eu

Abstract The article proves a long-lasting legacy of Martin Krygier’s work on the rule of law. Taking the European Union as a case study, and specifically—the recent infringement action concerning the judicial independence in Poland, the article addresses the point (teleos) of the rule of law, the conditions the institutions need to fulfill to make this point, and institutional measures that help to meet these conditions in the EU as a whole and its Member States. It argues that the rule of law can be achieved via various paths, but there is general agreement on when its basic elements such as the guarantees against arbitrary removal of judges are missing. Therefore, it concludes, the EU does not need to determine the anatomy of national institutions, but it needs to remain vigilant against such modifications that put at risk the effectiveness of EU law, and the judicial protection of individual rights in particular.

scholarly journals The Rule of Law Crisis in the European Union: From Portugal to Poland (and Beyond)

Teisė ◽  
2020 ◽  
Vol 114 ◽  
pp. 144-153
Author(s):  
Inês Pereira de Sousa
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Mutual Trust ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
The Rule Of Law ◽  
National Body ◽  
Legislative Reforms

Judicial independence is declared as a primary law obligation to be respected by every national body which may apply or interpret European Union law. Recent legislative reforms of national judicial systems in Poland and other Member States undermine the principles of judicial independence and mutual trust and raise the idea of a rule of law crisis, claiming for an intervention of the European Union.

scholarly journals International and European Norms on the Rule of Law from the Perspective of the Republic of Serbia

2021 ◽  
Vol 2 (1) ◽  
pp. 229-244
Author(s):  
Bojan Tubić
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal Order ◽  
Common Elements ◽  
The European Union ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Administrative Practice ◽  
The Republic ◽  
Definition Of

This paper examines international and European norms concerning the principle of the rule of law and its implications for the Republic of Serbia’s legal order. There is no universally accepted definition of the rule of law, but some common elements can be found in international legislative acts and jurisprudence. The European Union and Council of Europe have substantial legislation on this issue; with their courts’ jurisprudence, they have a significant influence on their Member States’ comprehension of the rule of law principle. The Republic of Serbia has embraced the principle in its Constitution and developed it in its legislation. It will also accept and include European interpretations of the rule of law in its legislation and judicial and administrative practice by joining the European Union.

Sign in / Sign up

Export Citation Format

Share Document