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Safeguarding Judicial Independence (and Subsidiarity) Through Interim Measures: The New ECtHR’s Strategy at the Height of the Polish Constitutional Crisis

Authors: Marco Fisicaro;

Safeguarding Judicial Independence (and Subsidiarity) Through Interim Measures: The New ECtHR’s Strategy at the Height of the Polish Constitutional Crisis

Abstract

Over the last few years, the European Court of Human Rights has rapidly carved out for itself a critical role in defending judicial independence standards against the ongoing process of constitu-tional backsliding unfolding in Poland. Aware of the rapid democratic decline facing the country, the Court has recently decided to complement its strategy vis-à-vis the Polish crisis by making use of interim measures. Since early 2022, in fact, the Court has repeatedly resorted to its powers under Rule 39 of the Rules of Court to provide immediate protection to Polish judges facing disciplinary proceedings due either to their off-bench mobilisation against the Government’s reforms or to the judicial application of European standards on judicial independence as enshrined in art. 6(1) ECHR, as well as in art. 19 TEU and art. 47 of the EU Charter of Fundamental Rights. The article argues that this development was far from obvious in light of the Court’s practice under Rule 39 of the Rules of Court and offers a first appraisal of the reasons underlying the Court’s more active stance to the use of interim measures in the Polish crisis.

Country
Italy
Related Organizations
Keywords

european court of human rights; interim measures; judicial independence; rule of law; subsidiarity; poland

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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