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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).
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Wednesday Oct 07, 2020
Wednesday Oct 07, 2020
Judges, as all other people, sometimes misbehave. In that case, a procedure needs to be in place to examine if a sanction is required and, if so, to impose it.
Disciplinary procedures, however, can be misused by an authoritarian government as blunt yet efficient tool to force the independent judiciary into submission. The most striking case in point is, once again: Poland. Judge Igor Tuleya is facing removal from office and worse for having crossed the government once too often in his discharge of his judicial duties. And he is not the only one.
Our distinguished guests for this week's episode are:
NINA BETETTO, a judge of the Slovenian Supreme Court and the President of the Consultative Council of European Judges (CCJE),
ADAM BODNAR, the outgoing Human Rights Commissioner of the Republik of Poland, and
SUSANA DE LA SIERRA, a professor of administrative law at the University of Castilla-La Mancha in Toledo, Spain.
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