Judicial Independence and Separation of Powers: A Case Study in Modern Court Management

European Public Law is an English language journal edited at the Institute of European Public Law at the Law School, Hull University. A forum for the discussion of issues in the development of public law, the journal traces the public law of the Member States as it is shaped by the law of the European Union as well as by the Council of Europe’s European Convention on Human Rights.

European Public Law provides a detailed analysis of constitutional and administrative law at a crucial stage of European integration and legal development. In its articles, authorities in the field investigate the extent to which the separate systems of public law in each Member State are, notwithstanding their distinct historical and cultural backgrounds, developing a European Public Law in tandem with the law of the European Union Treaty. The journal also examines the public law systems of new Member States.

Without neglecting the more traditional concerns of constitutional and administrative law, the journal explores the emerging constitution of the European Union and the interplay between law and politics. It is concerned with the identification, examination and control of public power as public and private become ever more intertwined. Public law is given a wide interpretation, including the structure of government, judicial review, the conduct of regulatory bodies, redress of grievance through ombudsmen and administrative bodies, protection of human rights and protection against discrimination, openness and transparency, fiscal and monetary policy, and the role of regulation in the contemporary state and the European Union.

In short, the journal embraces the operation and control of government and government agencies, regulation of economic and commercial affairs and relationships between the state and individuals. The construction of a court management organization in the judiciary touches the heart of judicial independence and separation of powers. It is vitally important to have sufficient safeguards against outside pressures from executive branch authorities, to maintain the independence of the judiciary and respect separation of powers.

In the Netherlands, a modern court management organization has been established to improve judicial efficiency and enhance the quality of the administration of justice. Executive branch authorities, such as the Minister of Security and Justice, obtained broad supervisory powers concerning the operational management of the courts of the judiciary. In supervising the operations of the courts, these non-judicial authorities turn out in practice to be intensively involved in the way in which the judges handle cases. This organizational structure does not satisfy standards of judicial independence and separation of powers. Fundamental changes in this management structure have to be considered.