Explaining judges’ opposition when judicial independence is undermined: insights from Poland, Romania, and Hungary

Abstract

ABSTRACT Over the past decade, governing parties in Central and Eastern Europe have dismantled liberal democracy, violating the rule of law and limiting the power of judges. This article examines the opposition to these transformations, focusing on the role of judges in Poland, Hungary, and Romania. Drawing on an original survey, as well as a set of interviews with judges, the article shows that while in Poland judges have developed a unified opposition to the government in defending their independence, in Romania, in contrast, governmental measures have polarized judges into a divided opposition, while their mobilization has been rather non-existent in Hungary. Why do judges oppose governmental action limiting judicial independence in some contexts but not in others? The article shows that the nature and the sequencing of domestic transformations, coupled with ideational factors and interests-based calculations, explain judges’ opposition at the collective and individual levels.