The European Commission has invited the ENCJ to contribute to the 2022 European Commission Rule of law report.
ENCJ's contribution (for the ENCJ contribution, click here) is amongst other based on the information collected from ENCJ Members', the ENCJ general statements, actions and letters.
During 2021, in some Member States, the judiciaries continued to face challenges such as attacks against Rule of Law and the judicial independence. The situation was aggravated by the Covid-19 pandemic, which highlighted the lack and sometimes the absence of involvement of the judiciary in the development and implementation of reform plans. This also applies to judicial reform in general.
Furthermore, the challenges posed to the judiciary during the pandemic emphasis the need for an increased digitalization of the justice systems. Exchange and dialogue between the judiciary and the other state powers should be established thus enabling the judiciary, judicial councils and in particular judges and prosecutors to be involved to ensure that needs of justice are adequately considered.
In addition, structural problems concerning the governing bodies of the judiciary remain an important issue. Effective national check and balances upholding respect for the rule of law are key to prevent from, among other, the politicisation of justice.
The Commission’s report relies on a diversity of sources, including the input received from Member States, country visits and stakeholders’ contribution. Besides the ENCJ, other networks such as the European Judges Association, Presidents of the Supreme Courts, ACA-Europe, MEDEL and CCBE have been invited to share their experience.