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Protecting Judicial Independence by Strengthening Public Confidence in the Judiciary

  • Francesco Viganò

摘要

Protection of judicial independence has become a matter of great concern for the European legal space in recent years, and both European courts have intensively been addressing the topic in their judgments. Indeed, judicial independence lies at the very core of the rule of law, which is a cornerstone of both the Council of Europe and the EU, as Article 3 of the Statute of the CoE and Article 2 of the TEU make clear. At the same time – despite any recent claim to the contrary – the rule of law and judicial independence itself are an essential part of the shared constitutional identity of all the States that have freely adhered to these two international organisations.