Council of Europe standards on judicial independence

Summary:

Judicial independence is one of the key components of the rule of law (Article 2 of the Treaty on European Union – TEU), together with the fundamental right to a fair trial (Article 47 of the Charter of Fundamental Rights of the European Union) and the principle of effective judicial protection (Article 19(1) TEU). When it comes to standards for judicial independence, a special role is played by the Council of Europe and its judicial body, the European Court of Human Rights (ECtHR) in Strasbourg. This is especially relevant because, according to Article 6(3)TEU, fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, are in fact general principles of EU law. The importance of the Council of Europe standards and ECtHR case law have been highlighted, not least in the Commission's 2020 Rule of Law Report.

This briefing discusses a number of documents of the Council of Europe and its bodies, including the Council of Europe's 2010 recommendation on judicial independence, the Magna Carta of Judges adopted by the Consultative Council of European Judges in 2010, and selected documents of the Venice Commission (the 2007 report on judicial appointments, the 2010 report on judicial independence, and the 2016 rule of law checklist).

Finally, the briefing presents an overview of ECtHR case law on judicial independence, focusing on issues such as the concept and criteria for assessing it; procedures for appointing judges and possible irregularities; the question of the term of office, including the vetting of judges and early termination of term in office; the problem of external influences on judges (by the executive); possible lack of internal independence (from other judges); the question of combining judicial office with other work; and, finally, the question of judicial immunity.

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