#11779. European Judicial Supervision of the Rule of Law: The Protection of the Independence of National Judges by the CJEU and the ECtHR

July 2026publication date
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Journal’s subject area:
Law;
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Abstract:
While an independent judiciary is considered an indispensable component of the rule of law, attacks of the domestic political power on the independence of the judicial branch are observed today in several European States. The European judges (CJUE (The Court of Justice of the European Union), ECtHR) appear to be the “last soldier standing” in the defense of judicial independence and they have in no case remained indifferent. An emphasis is put on the international judicial function of these Courts as protective and promoting judicial independence at the national level, arguing that both Courts assumed their role as guarantors of the common European value of the rule of law through a proactive stance, without going, however, to the extremes. Furthermore, the paper provides an examination on the fact that the European Courts have adopted measures in order to assure the effectiveness of the European guarantees of judicial independence. A particular focus is put on the protection through interim measures as a means of assuring an effective protection of the independence of national judges. Considering a comparative analysis, the issue of the ECtHR’s potential in this regard is hereby tackled, notably after the recent evolution in the case-law of the CJEU.
Keywords:
СЕС; ECtHR; Independence of judges; Interim measures; Rule of Law

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