Nicosia, Cyprus. Judicial independence in the European Union is central to the rule of law and democratic legitimacy, Takis Tridimas of the Luxembourg Centre for European Law at the University of Luxembourg told Phileleftheros. He said EU law protects judicial independence despite practical challenges.
Conference remarks in Nicosia
Tridimas recently addressed the annual conference of the Procedural Law Unit at the University of Nicosia, held under the supervision of Assistant Professor Nicolas Kyriakides.
EU safeguards and CJEU case law
Tridimas said EU law is clear in safeguarding judicial independence, but noted that in recent years there has been a regression of the rule of law in certain Member States. He said the Court of Justice of the European Union has developed extensive case law on the appointment, evaluation and dismissal of judges.
Relevance for Member States undergoing reform
He said the debate is particularly relevant in Member States undergoing reform, including Cyprus, where judicial accountability and efficiency are closely tied to public trust. He described the EU’s role as operating through institutional checks and balances, annual rule of law reports and judicial dialogue via preliminary references.
Independence and access to justice
Tridimas said that under EU law, judicial independence and effective access to justice are interconnected guarantees of the rule of law. He cited Article 19(1) of the Treaty on European Union, which requires “effective judicial protection” in fields covered by Union law.
He said judicial independence safeguards the separation of powers and democracy, and that citizens’ rights require the ability to defend those rights before independent courts. Without independence, he said, effective protection is impossible and rights become empty provisions.
He said CJEU case law holds that adequate protection of individual rights cannot exist where access to courts is rendered ineffective, whether through procedural barriers or insufficient safeguards of independence. He described this as an obligation for Member States and a fundamental right of every European citizen.
Obstacles to independent and transparent procedures
Tridimas said the primary obstacles are weak safeguards or the failure to apply existing safeguards in practice. He added that the issue is sensitive because judicial organisation is closely linked to national sovereignty and judicial self-governance.
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