This book explores what judges do and how they perceive their roles in the context of growing dissensus over liberal democracy.
Focusing on the European landscape, it asks eighteen judges how they perceive their roles when judicial independence and democracy are under pressure. The book features interviews with judges from various EU and non-EU Member States and courts, complemented by a series of academic commentaries discussing the relationship between law and politics in times of dissensus over liberal democracy. Each narrative reveals unique personal experiences and reflections, shedding light on the role of the judiciary and the rule of law in the face of contemporary challenges. While the book engages with these issues through European narratives, its findings contribute to broader debates beyond Europe and the EU.
A fascinating collection charting European judges' perspectives on the working of democracy in the face of the current challenges to judicial independence.
Papildus informācija
A fascinating collection charting European judges perspectives on the working of democracy in the face of the current challenges to judicial independence.
1. How do Judges Conceive their Roles in a Context of Growing Dissensus
Over Liberal DemocracyAnd Why do Narratives Matter?, Ramona Coman
(Université Libre de Bruxelles, Belgium)
2. Illiberalism on Trial: Ideational Boundaries, Institutional Practices, and
Public Diffusion, Leonardo Puleo (University College Dublin, Republic of
Ireland)
3. The Essence of Judicial Independence: The Autonomous Interpretation of the
Law, Viktor Kazai (Université Libre de Bruxelles, Belgium)
Part I: Insights from Western and Northern European Judges
4. We Can Aim to be Part of the Solution Rather than Being Part of the
Problem, Lars Bay Larsen (Court of Justice of the European Union, Luxembourg)
5. Activism is a Responsibility that Every Magistrate Bears, Manuela Cadelli
(Namur Court of First Instance, Belgium)
6...It is, to a Large Extent, a Matter of the Cultural Preconditions of
Constitutionalism, Dieter Grimm (Federal Constitutional Court of Germany)
7. High Level of Trust in the Judiciary is the Best Protection you can Have,
Kees Sterk (District Court of Breda, the Netherlands)
8. We Cannot Divorce the Application of the Law from its Origins and Moral
Implications, Andrea Titz (Traunstein Regional Court, Germany)
9. How Can Courts and Legislators Co-Exist?, Christopher Vajda (Court of
Justice of the European Union, Luxembourg)
Part II: Insights from Southern European Judges
10. The Independence of the Judiciary is Not the Privilege of a Group of
Professionals, Mariarosaria Guglielmi (MEDEL European Delegated Prosecutor,
Italy)
11. We Must Decide With our Conscience, With the Sole Comfort of the Law,
José Igreja Matos (Court of Appeal of Porto, Portugal)
12. Judges Can be a Big Obstacle for Authoritarian Regimes, Luca Perilli
(Trento Migration Court, Italy)
13. We Can Best Uphold Democracy and Defend the Rule of Law by Listening to
Citizens, Javier Hernįndez Garcķa (Supreme Court of Spain)
Part III: Insights from Central and Eastern European Judges
14. The Judiciary [ ...] has Power over the Meaning of the Law, Andrįs Baka
(Supreme Court of Hungary)
15. The European Commission Abandoned the Honest Judges, Drago? Calin
(Bucharest Court of Appeals, Romania)
16. Judges Cannot Speak Only Through Their Judgments, Monika Frackowiak
(District Court in Poznan, Poland)
17. The Very Status of a Judge Requires Deep Reflection, Malgorzata Maria
Gersdorf (University of Warsaw, Poland)
18. Constitutional Courts are not
the Sole Guardians of Liberal Democracy, Zdenek Kühn (Czech Constitutional
Court, Czechia)
19. When Your Independence and Integrity are Called into Question, you Must
be Prepared to Respond, Tamįs Matusik (National Judicial Council, Hungary)
Part IV: Insights from Neighbouring European Countries
20. I Went to Bed as a Judge and Woke up a Terrorist, Yavuz Aydin
21. I Am Not Confident That the EU Genuinely Prioritises Judicial
Independence in the Serbian Case, Dragana Boljevic (Supreme Court of Serbia)
Part V: Academic Debates
22. Liberal Democracy and its Discontents: Normative Insights from European
Judges and Recent Academic Debates, Lisa Conant (University of Denver, USA)
23. Judges Resilience in the Face of Attacks on Judicial Independence: Some
Reflections on the German, Italian, and Hungarian Contexts, Gįbor Halmai
(European University Institute, Italy)
24. Activism and the Evolving Role of European Judges: Defending Rights in an
Age of Democratic Dissensus, Agnieszka Kubal (Green Templeton College, UK)
25. The Fertile Fear of the Abyss: Or, How the Rule of Law Crisis Spurred
Judges to Mobilize European Law, Tommaso Pavone (University of Toronto,
Canada)
26. The Twilight of Resilience? Reflections on the Limits of Judicial
Activism in the Face of Democratic Decline, Katarķna ipulovį (Masaryk
University, Czechia)
27. Law, Politics and Society: Europeanisation Amid Dissensus over Liberal
Democracy, Institutions and Values, Ramona Coman (Université Libre de
Bruxelles, Belgium)
28. Learning from Judges: Looking Forward, Andrew Bradley (Institut d'Etudes
européennes, Belgium)
Bibliography
Index
Ramona Coman is Professor of Political Science at the Université Libre de Bruxelles, Belgium. Viktor Kazai is Post-Doctoral Researcher at the Université Libre de Bruxelles, Belgium. Leonardo Puleo is Post-Doctoral Researcher at the University College Dublin, Ireland. Andrew Bradley is a member of the IEE-ULB RED-SPINEL Project Management Team at the Institut d'études européennes, Belgium.
