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Independent courts, judges who will withstand political pressure and rule against the will of the government if the law demands it. It’s called the rule of law, and as long as you have it, you rarely notice it. If you don’t have it, you’ll know what you miss – but then it’s too late. We need to talk about the rule of law because in a growing number of EU member states, the rule of law is already severely damaged - and we will all feel the consequences. We need to talk about the rule of law as Europeans, among Europeans. This is what we, Verfassungsblog and Deutscher Anwaltverein, want to do with this podcast. Twelve weeks, twelve episodes: Every week we invite a number of high-profile political and legal actors and experts to discuss the most urgent aspects of this topic. If you want to be part of this debate, please feel warmly encouraged, do send us your question, use the hashtag #lawrules or send us a speech memo on our Instagram account (@verfassungsblog).
Episodes
Wednesday Sep 30, 2020
Wednesday Sep 30, 2020
It's easy to agree that judicial independence is important – but who gets to be a part of the judiciary, who gets promoted to which court and who enters the highest ranks is a decision that has to be taken by someone, and a lot depends on who that someone is.
Controlling judicial nominations is one of the key elements in all authoritarian takeover strategies which have been implemented in recent years in Poland, in Hungary and elsewhere. This is what we will discuss with our three distinguished guests today:
FILIPPO DONATI is a professor of constitutional law at the University of Florence, a lay member of the Concilio Superiore della Magistratura of Italy and since June of this year the president of the European Network of Councils of the Judiciary.
JOANNA HETNAROWICZ-SIKORA is a judge at the district court of Slupsk in northern Poland and a member of the board of the independent judges’ association IUSTITIA.
CHRISTIANE SCHMALTZ is a judge at the highest German civil and criminal court, the Bundesgerichtshof.
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