On 21-22 March 2024, the International Commission of Jurists (ICJ), together with Forum for Human Rights, Human Rights in Practice, aditus and Free Courts, held a workshop on tackling attacks on judicial independence and the autonomy of the prosecution through disciplinary and criminal proceedings, in Prague.
As part of the ROLL (Rule of Law for Lawyers) project, this third workshop brought together lawyers from Bulgaria, the Czech Republic, Spain, Hungary, Malta, Poland, Romania and Slovakia to discuss the experiences, challenges and opportunities linked to strategic litigation on these issues.
Participants raised concerns about the practical application of irremovability of judges and prosecutors and accountability, which are essential principles deriving from the independence of the judiciary and the right to a fair trial in the broadest sense.
“These principles are not made for giving judges and prosecutors privileges, but are only to offer citizens, and people living in a certain country, the confidence, that they can ask for justice in a fair way and that the judiciary is able to protect their fundamental rights, in accordance with national and international standards and treaties.” – Martine Comte, an ICJ Commissioner.
The participants discussed judicial independence and public trust in the judiciary, accountability, greater public awareness and international legal standards. The participants discussed the numerous challenges they face when litigating attacks on judicial independence and on the autonomy of the prosecution, especially in cases concerning disciplinary and criminal proceedings.
The group brainstormed about various litigation fora and broader tools related to strategic litigation, such as advocacy, communication or mobilisation, as well as implementation of international judgements.
“Existing international litigation is a big step forward, but where we stand with implementation is not satisfactory. If there is no good implementation of the decisions, it may undermine the litigation itself.” – Helen Duffy, Director, Human Rights in Practice.
The workshop was the last one in the series of workshops under the ROLL project, and will be followed by mentoring sessions on selected cases and issues, and a Final mapping report on strategically litigating judicial independence, and more Judicial Independence podcast episodes will follow as well.,
Please see the workshop agenda here.
Please find recordings of the workshop presentations here.
Information on previous workshops can be found here and here.
For more information please contact: Karolína Babická, Senior Legal Adviser, ICJ, Europe and Central Asia Programme, [email protected]