PluriCourts Lunch: Judicial Reforms in Hungary and Romania: The challenging implementation of European rule of law standards for judicial organisation

PluriCourts Lunch with Petra Mária Gyöngyi

Abstract

This paper examines the evolving case law by the ECtHR and the CJEU concerning the functioning of national judiciaries and judicial independence. It does so from the perspective of implementation of European standards for judicial organisation in the legal orders of Hungary and Romania – two EU member states experiencing different rule of law challenges. It will be shown that the case law of the European Courts establishes core rule of law requirements for the organization of Member State’s judiciaries. Where applicable, the incorporation of new public management values is a result of a balancing act, thus addressing contemporary questions pertaining to the legitimate functioning of domestic judiciaries. With regards to domestic implementation of the core requirements identified by European Courts, it will be shown that the main challenge in the studied legal orders is not how to combine rule of law and new public management values, but rather the more fundamental task of how to establish and secure core rule of law values. Moving beyond this fundamental challenge, two distinct deficiencies will be identified. One concern is that new public management values are used as a guise to dismantle rule of law guarantees for judicial functioning. The other concern is that the legal framework mainly focuses on legal instruments inspired by new public management values and consequently rule of law values remain underdeveloped.​

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PluriCourts Lunch Seminars are a forum for pluridisciplinary discussion of core issues relating to international courts and tribunals. PluriCourts scholars or invited speakers present new and ongoing research or comment on current questions. The seminars are open to everyone.

Published Apr. 22, 2020 11:16 AM - Last modified June 12, 2020 1:45 PM