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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 Oct 14, 2020
Wednesday Oct 14, 2020
Courts don't just exist. They are shaped by organisational and procedural rules which are enacted by the legislative – and can be abused accordingly.
Court packing schemes and tampering with the retirement age of judges are just two examples of such abuse. On the other hand, sometimes the judiciary is indeed in need of reform, e.g. when they no longer manage to deliver judgments in a timely fashion. How do you distinguish "good" judicial reforms from "bad" ones? Is there such a thing as a "good" court packing scheme?
This is what we discuss with these distinguished guests in this week's episode:
Christoph Möllers, a Professor of Public Law and Jurisprudence at Humboldt University of Berlin and a former judge at the Higher Administrative Court of Berlin-Brandenburg,
MARIAROSARIA GUGLIELMI, the Vice President of the judges association Magistrats Européens pour la Démocratie et les Libertés, and
ANDRÁS BAKA, for 17 years a judge at the European Court of Human Rights and then President of the Hungarian Supreme Court until he was forced out of office by the FIDESZ governing majority in Hungary.
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