The plenary session of the Council of Bars and Law Societies of Europe (CCBE), entitled ‘Maintaining justice in a changing Europe’, brought together various representatives of the European institutions and professionals from the European legal sphere at the European Parliament on Friday 22 November. In a context where the Rule of law and democracy are under threat in several Member States, the discussions raised questions about the ability of the legal professions and the European institutions to stop the decline in democracy.
As a preamble to the discussions, the European Commissioner for Values, Věra Jourová, spoke of the growing dangers to the Rule of law: “The rise of disinformation, interference by hostile actors and the decline of the Rule of law are shaking the very foundations of our democracy”.
She urged legal professionals to “take a stand to promote the Rule of law and raise awareness of the importance of independent judges in protecting rights”.
The round-table discussion on the role of European institutions and legal professionals in the face of declining democracy explored these issues in greater depth. The head of institutional cooperation at the European Union Agency for Fundamental Rights, Andreas Accardo, detailed three key priorities: judicial independence, the effectiveness of justice systems and the strategic use of the courts to counter democratic setbacks.
In particular, Mr Accardo cited a survey by the Agency indicating that a quarter of European citizens perceive political interference in their judicial system, a figure reaching 50% in some countries (https://aeur.eu/f/egg ). He called on political leaders to “publicly defend the independence of judges”.
The efficiency of justice systems was also discussed, in particular through digitalisation to reduce delays and improve access to justice. However, Andreas Accardo warned of the risks: “Guarantees must be built in from the outset to safeguard fundamental rights”.
The President of the General Court of the European Union, Marc van der Woude, concurred, pointing out that “mutual trust in the Rule of law between Member States is essential to the European project”.
Furthermore, the judge at the European Court of Human Rights, Ioannis Ktistakis, took the view that not all problems relating to the Rule of law reflect a systemic crisis. Some are one-off flaws that are easy to correct, while others reflect a more worrying structural erosion of judicial independence. He pointed out that these systemic crises, when they occur, are often part of reforms deliberately aimed at weakening judicial institutions.
Mr Accardo encouraged lawyers to show courage in the face of current challenges: “Defending controversial causes is essential for advancing fundamental rights”, words that resonated with all the speakers, demonstrating the urgent need for collective action to protect the fundamental values of the European Union. (Original version in French by Nithya Paquiry)