European Standards for the Rule of Law and Independent Courts

Abstract

Independent adjudication as a cornerstone of the rule of law has attracted increasing attention at the European level over the past decades. Despite its general recognition in various international legal instruments there is, however, an ongoing search for its concrete meaning. Recent documents adopted under the auspices of the Council of Europe (CoE) have tried to specify standards for the organization of judicial administration. Unfortunately, however, some of these documents exhibit flaws and misconceptions in the conceptualization of judicial independence. This article identifies these imperfections and argues that future standardsetting on judicial independence in Europe should direct more attention to comparative constitutional analysis and to experience gained in the course of judicial reforms in the Council of Europe's member states. It advocates a less rigid approach to structural issues and concludes with recommendations for future Council of Europe initiatives.