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The fragility of an independent judiciary: Lessons from Hungary and Poland - and the European Union
[journal article]
Abstract When the European Union was founded, it was assumed that all Member States admitted as consolidated democracies would maintain their constitutional commitments. In recent years, Hungary and Poland have challenged this premise as elected autocratic governments in those countries have captured indepen... view more
When the European Union was founded, it was assumed that all Member States admitted as consolidated democracies would maintain their constitutional commitments. In recent years, Hungary and Poland have challenged this premise as elected autocratic governments in those countries have captured independent institutions and threatened long-term democracy. The judiciaries of these countries have been hard hit. In this paper, we trace what has happened to the judiciaries in Hungary and Poland, showing how first the constitutional courts and then the ordinary judiciary have been brought under the control of political forces so that there is no longer a separation of law and politics. We also explore why the European Union has so far not been able to stop this process. In the end, the European judiciary, particularly the Court of Justice, is attempting a rescue of national judiciaries, but the results are so far unclear.... view less
Keywords
EU; Hungary; Poland; democracy; political system; judiciary; constitutional court; separation of powers
Classification
Political System, Constitution, Government
Free Keywords
comparative constitutional law; democratic decline; judicial independence
Document language
English
Publication Year
2018
Page/Pages
p. 189-200
Journal
Communist and Post-Communist Studies, 51 (2018) 3
Handle
https://hdl.handle.net/10419/222493
ISSN
1873-6920
Status
Postprint; peer reviewed
Licence
Deposit Licence - No Redistribution, No Modifications