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Media type:
E-Article
Title:
Recent Attacks on Judicial Independence: The Vulgar, the Systemic, and the Insidious
Contributor:
Moliterno, James E.;
Čuroš, Peter
imprint:
Cambridge University Press (CUP), 2021
Published in:
German Law Journal, 22 (2021) 7, Seite 1159-1191
Language:
English
DOI:
10.1017/glj.2021.63
ISSN:
2071-8322
Origination:
Footnote:
Description:
<jats:title>Abstract</jats:title><jats:p>This article offers an opening to Central and Eastern Europe (CEE) situation and attacks against the judiciary in this region since 2010. The focus is not primarily on historical path dependence like the rest of this issue. Instead, the focus aims at the nature of attacks on the judiciary. Such attacks have appeared in CEE and the US in recent years. Its interest lies in explaining similar patterns visible in the judiciaries of CEE. Particularly, it looks at the current conditions in the Czech judiciary, political interventions in Poland since 2015 and in Hungary since 2010, and undermining of trust towards judiciary in the U.S., where attempts for delegitimizing the judiciary have happened since 2016. The article draws on similarities of attacks of authoritarian governments and responses of judiciaries. The authors highlight similarities and diversities of CEE countries 30 years after the fall of the communist regime and a path of these resemblances and varieties.</jats:p>