JUDGES in Europe have often been able to get to the parts that governments cannot reach. It took rulings by the European Court of Justice in Luxembourg to give full force to the four freedoms—movement of goods, services, capital and people—that politicians promised but struggled to deliver. Now, as the EU clashes with governments that undermine the rule of law, the ECJ may be about to help again. Two cases explain why.
The first, brought by a body that represents Portuguese judges, argued that pay cuts imposed on its members during a euro-zone bail-out undermined the rule of law. In February the ECJ dismissed this argument, but couched its verdict in tough language that emphasised the importance of shielding courts from external pressure. One European official says the ECJ is clearly preparing the ground to rule on the independence of national judiciaries elsewhere. The obvious candidate is Poland, where the nationalist Law and Justice (PiS) government has stacked the courts and politicised...Continue reading
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