European Rule of Law Under Siege: Far-Right Attacks Threaten Judicial Independence
The fundamental principle of the rule of law is facing escalating threats across Europe, with judicial independence under direct assault from populist politicians and authoritarian-leaning governments. This systematic erosion represents a profound danger to democratic accountability and citizens' rights throughout the continent.
France: Political Attacks on Judicial Decisions
In March of last year, a Paris court delivered a landmark ruling that found Marine Le Pen, the far-right National Rally leader, guilty of embezzlement and barred her from France's presidential race. Le Pen responded by denouncing what she called a "political decision" and "denial of democracy," claiming she faced a "tyranny of judges" and "political assassination." The presiding judge subsequently faced threats on social media and had her home address shared publicly.
Six months later, former president Nicolas Sarkozy received a five-year prison sentence for criminal conspiracy. He condemned the decision as having "extreme gravity in regard to the rule of law" and claimed the court was motivated by "hatred that truly knows no bounds." France's justice minister notably visited Sarkozy in prison following the sentencing.
The Conseil Supérieur de la Magistrature, responsible for maintaining magistrates' independence, has declared it "not acceptable in a democracy" for judges to be threatened or for politicians to comment on individual prosecutions. France's magistrates' union has warned of an "assault on the entire justice system," drawing direct comparisons with countries like Hungary.
Hungary: Systematic Erosion of Judicial Independence
Prime Minister Viktor Orbán, facing an unprecedented challenge to his sixteen-year rule, has systematically degraded Hungary's rule of law through constitutional and legal changes. He has packed courts with loyalist judges and effectively captured the justice system while tyrannising NGOs and curbing LGBT rights, creating what he calls an "illiberal democracy."
Italy: Government Versus Judiciary Power Struggle
Giorgia Meloni's government has engaged in a veritable power struggle with Italy's judiciary since its 2022 election. Among its first moves was abolishing the crime of abuse of office, a change pushed by the late former prime minister Silvio Berlusconi. The administration has also limited wiretapping and frequently attacks "politicised magistrates."
Before Italy's recent referendum on judicial reform, Meloni's government claimed reforms were essential for impartiality to weed out alleged leftwing judicial "factions." Opponents argued the reform would weaken judges' and prosecutors' power and independence. Although voters rejected the reforms, many observers saw in Meloni's willingness to confront Italy's judiciary a tactic borrowed from Orbán's playbook.
Germany: Mounting Pressures on Robust Systems
Even Germany's particularly robust judicial system faces mounting pressures. Liberties, a Europe-wide network of civil liberties NGOs, has identified both lack of funding and far-right attempts to undermine judicial independence as requiring urgent attention. An overburdened, underpaid judiciary with looming staff shortages threatens to compound problems clearing case loads.
At a regional level, the far-right Alternative for Germany has blocked judicial official reappointments in Thuringia to win concessions on other issues. Concern has also focused on the "vulnerability" of Germany's federal constitutional court to manipulation attempts, particularly by the AfD.
Poland: The Challenge of Reversing Controversial Reforms
Poland is discovering how difficult it is to reverse controversial judicial reforms that brought it into conflict with the EU under the previous Law and Justice party government. Inspired by Orbán's "illiberal democracy," PiS aggressively overhauled Poland's justice system during eight years in power, capturing the constitutional court and radically expanding the justice minister's role.
Unwinding these changes has proved complicated for Donald Tusk's government, which lacks the necessary three-fifths majority to overturn a presidential veto. Last November, President Karol Nawrocki refused to approve forty-six judicial appointments. The government is now focusing on "reckoning" with the previous government's actions, with several senior PiS officials facing charges for alleged abuses of power.
The Broader European Context
Civil liberties groups have expressed multiple concerns about justice systems across Europe, including true independence (particularly where prosecutors are appointed by justice ministries), chronic underfunding, and excessive delays in delivering justice. Political attacks on this scale represent a relatively new phenomenon in most European countries and an obvious cause for alarm if authoritarian far-right governments gain power.
Magali Lafourcade, a leading magistrate, warns that "when a regime tips into the arbitrary and the authoritarian, it can happen fast." She points to the United States as a cautionary example, asking whether Europeans want an independent judiciary tomorrow. The erosion of rule of law principles threatens not just individual nations but the fundamental democratic fabric of the entire European project.
