On 14 February 2025, the International Commission of Jurists (ICJ) denounced what appears to be improper interference by the executive in the work of the NJC, and emphasized that judicial councils must remain independent from parliamentary and executive influence to uphold the principles of justice. The ICJ addressed Slovakia’s National Judicial Council (NJC) on concerns relating to the independence of the judiciary in the country.
“Judicial independence is fundamental to the rule of law. Courts must be free from undue influence, pressure, or interference from the executive, legislature, or other external actors. This ensures that judges can make impartial decisions without fear of retribution or manipulation,” said Karolína Babická, ICJ Senior Legal Adviser.
The ICJ made its comments in a letter responding to a Statement issued by the NJC on 20 January 2025 objecting to some remarks and commentary made at the ICJ event at the European Parliament on 15 January 2025: Slovakia, Hungary and Poland: How can strategic litigation protect Judicial Independence?
In its letter, the ICJ addressed objections raised by the NJC in their Statement, and encouraged continued dialogue among the NJC civil society, and other stakeholders with a view to addressing impediments to upholding the rule of law and the independence of the judiciary in Slovakia.
Participants at the ICJ event in January discussed highly problematic recent constitutional changes that allow the government to replace nine non-judicial NJC members at any time without justification. The ICJ called on the NJC to clarify how this legislation ensures judicial independence and whether plans exist to strengthen safeguards against undue political interference, including possible amendments to the law.
“The ability of the executive to dismiss NJC members without justification creates an environment where judicial oversight bodies may be subject to political interference or influence, undermining their role as guarantors of judicial independence,” the ICJ stated.
Open dialogue on judicial independence at the national, EU and international levels is essential for the rule of law. The United Nations standards affirm that States must ensure that civil society organizations can “participate in the public debate on decisions that would contribute to the promotion and protection of human rights and the rule of law and of any other relevant decisions.”
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Read the full ICJ letter here.
Background
The event – Slovakia, Hungary and Poland: How can strategic litigation protect Judicial Independence? – discussed the state of judicial independence in the three countries, and also broader rule of law implication across the EU, how strategic litigation can help protect judicial independence and what the EU institutions can do. It convened a broad audience, including Members of the European Parliament and representatives of the European Commission and the Council of the EU, alongside national representatives, civil society organizations, legal practitioners, and experts.
See more information here.
Contact
Karolína Babická, ICJ Senior Legal Adviser, karolina.babicka@icj.org