Pascal Pichonnaz (ELI President; Professor, University of Fribourg) opened the event, underlining the significance of the ELI-Mount Scopus European Standards of Judicial Independence in shaping transparent and accountable judicial governance structures while safeguarding judicial independence. He commended the collaborative efforts of the four Co-Reporters, Professors Shimon Shetreet, Sophie Turenne, Leah Wortham, and Fryderyk Zoll, who developed the Standards through extensive consultation with experts across different legal traditions.
Sophie Turenne (Co-Reporter; Assistant Professor, University of Cambridge) explored key aspects of judicial governance, appointments and promotion. She highlighted the importance of judicial autonomy and accountability, emphasising that governance structures must be transparent and free from political interference. Turenne addressed critical issues such as financial independence, case allocation, and the use of AI in judicial decision-making, stressing the need for safeguards against undue influence. On judicial appointments, she highlighted the value of merit-based selection, ensuring that competence, integrity, and professionalism take precedence over political considerations. A two-stage appointment process, she explained, is essential to maintaining fairness and public confidence in judicial selections. ELI-Mount Scopus Standards, while adaptable to different legal systems, provide a clear framework to protect judicial independence and strengthen public trust across Europe.
Sacha Prechal (Professor, Utrecht University; former Court of Justice of the EU (CJEU) judge) praised the ELI Mount Scopus European Standards of Judicial Independence for offering a modern, comprehensive framework. She emphasised the importance of detailed commentary for applying these Standards in real-world judicial contexts. Drawing from recent CJEU case law, she highlighted key challenges to judicial independence, including judicial removability, disciplinary regimes, and appointments, stressing that independent bodies and merit-based criteria are crucial for judicial selection. She warned that flawed judicial appointments could erode public trust and undermine judicial independence. Additionally, she pointed to the need for transparent case allocation to prevent undue influence. Prechal concluded that judicial independence must be assessed holistically, balancing national diversity with strong safeguards to ensure fairness across Europe.
Matej Accetto (Judge and former President of the Slovenian Constitutional Court) reflected on the nature of the Standards, noting that they are meant as a framework of principles and practices rather than fixed rules. He emphasised that ELI’s Standards often reflect legal norms that are justiciable in courts and address both judges’ responsibilities and those of other actors. Accetto highlighted the fact that financial autonomy is crucial for judicial independence, citing a Slovenian court decision on judicial salaries that aligned with the Standards. He also pointed out tensions between certain Standards, like the balance between transparent judicial appointments and maintaining the dignity of the process. Accetto raised a question about whether courts should reflect society’s diversity in political opinions, suggesting this could be problematic. Finally, he addressed the notion of human oversight of AI, in connection with Standard 23.
Fernando Vaz Ventura (Judge, Supreme Court of Portugal; Member of the Steering Committee of the European Judicial Training Network (EJTN)) highlighted the importance of judicial training in fostering dialogue among judges and shared insights from the EJTN's 2023 Forum. This Forum focused on issues such as accountability, transparency, and judicial independence, particularly in the digital era. Ventura emphasised four key challenges for the judiciary: ensuring justice serves the public, balancing national traditions with European standards, embracing technological adaptation, and maintaining public trust. Ventura concluded that the ELI-Mount Scopus European Standards of Judicial Independence contribute to strengthening judicial independence and public confidence in the judiciary.
The presentations concluded with Shimon Shetreet (Co-Reporter; Professor, Hebrew University of Jerusalem) responding to key themes raised. Among others, he clarified that Standards refer to ‘fair reflection’ of society over ‘representativeness’ to avoid political influence in the judiciary. He highlighted the need to balance judicial independence with values like efficiency, quality, and public trust, as outlined in Standard 3. Shetreet emphasised the importance of protecting judicial remuneration and avoiding political involvement in appointments, which can undermine independence. He also stressed the need to assess judicial reforms based on their intentions and context, while acknowledging the importance of diversity within the judiciary and local circumstances.
The interventions were followed by a lively Q&A session, where participants debated judicial diversity, the risks of AI in justice, and the implications of transparency in judicial selection.
More information about the project is available here. The ELI-Mount Scopus European Standards of Judicial Independence are available here.
The recording of the webinar is available below.
Other webinars in the Series:
