Judicial Independence And The Rule Of Law: Exploring The European Experience

Abstract

The Rule of Law is increasingly considered to be a necessary condition for the development of a market economy and a successful democracy. The creation of a stable institutional setting, the introduction of transparent, well-formulated and predictable legal norms, the establishment of a system of checks and balances restraining the exercise of political power, have all been the preferred target of policies promoted by international organizations. In this chapter, an independent judicial system has emerged as one of the pillars of the Rule of Law (RoL). Independent judges are considered a fundamental instrument in order to establish and implement a system of impartial and fair rules. The new EU Central and Eastern European countries (CEECs) provide a good opportunity to enlarge and improve the analysis of the impact of judicial reforms on the RoL. Keywords: Central and Eastern European countries (CEECs); judicial independence; rule of law (RoL)