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Transjudicial communication in Europe in defense of the independence of the judges

21.07.2021

 

Author: Bustos, Rafael

Abstract: This essay seeks to set out the mechanisms used by European judges to deliberate about judicial Independence both in formal and informal ways, in jurisdictional and non-jurisdictional settings. These instruments include judicial networks, judicial dialogues stricto sensu, complaints by judges to the courts or judgments of European courts in defence of judicial independence. Further developments are expected from important pending cases before the European courts. The results of this transjudicial communication have been challenged on grounds of their democratic deficits; the failure to respect constitutional identities and their limited effectiveness.

 

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