Rule of law and judicial appointments

The rule of law is facing challenges in many areas. One of these areas is the intersection of the rule of law and the selection and appointment of judges. An independent judiciary is an essential component of the rule of law. Only independent courts can effectively enforce the legal obligations to which a state is beholden under the rule of law. Judicial independence is also a fundamental requirement of judicial cooperation in Europe. No Member State should be required to enforce a decision from another Member State that does not satisfy the requirements of the rule of law. The developments in Hungary and, until recently, in Poland have shown that illiberal governments will quickly seek to gain influence over the justice system. One of the key ways to exert influence on the judiciary, and certainly the one implemented first, is the appointment of judges. The article examines, from a pan-European perspective, which elements are essential for the rule of law with regard to judicial appointments.