A recent report by a top rights group warns of a staggering backslide in the rule of law across many European countries. And even countries with long traditions of established democracies have not been immune to this trend.
A protestor is detained by French Police during an unauthorised demonstration in support of Palestinians at Place de la Republique, in Paris, on October 12, 2023. / Photo: Dimitar Dilkoff /AFP/ Getty Images
A robust rule of law framework ensures that governmental powers and decision-making processes are bound by legal principles, thereby empowering citizens to scrutinise whether these powers serve the interests of the people. Drawing from reports by member rights organisations, the report identified three key trends in member states, shedding light on concerns surrounding politicisation and lack of independence, inadequate funding, and inefficiency and unfairness within justice systems across several countries.
"It is either the ministry of justice, ministry of finance, or national parliaments, all under the control of politicians, whose primary aim is re-election. Towards this goal, particularly in times of economic crisis, politicians tend to make cuts in the budget of institutions, the negative result of which is not felt by citizens in the short term.”
He argues that a perception of the judiciary as dependent and partial undermines the principle of the rule of law, leading to societal inequalities and potentially fostering authoritarian tendencies. In response, the new Minister of Justice proposed a legislative amendment to prevent unlawfully appointed judges from adjudicating requests for a judge's disqualification based on their appointment method.
In 2023, there was a notable surge in restrictions on peaceful protests, with several countries introducing new bans, particularly targeting pro-Palestinian demonstrations, according to the report. These restrictions were observed in Bulgaria, the Czech Republic, Estonia, Germany, Hungary, and Sweden.
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