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Judicial Cultures of Independence and their meaning for the Rule of Law Compliance: Law in crisis

Project description

In-depth analysis of judicial independence in the EU

Judicial independence in the EU faces structural and cultural pressures that endanger its identity as a community of law. In several Member States, politicised appointments, selective disciplinary measures and unequal access to justice undermine court legitimacy and public trust. The EU-funded Law in crisis project examines judicial independence not only as a constitutional principle but also as an institution rooted in Europe’s diverse legal traditions. Combining comparative legal analysis with empirical indicators, it develops an interdisciplinary framework assessing how independence, impartiality and integrity work in practice. By integrating legal, cultural and societal dimensions, the project identifies blind spots in existing monitoring tools. Its main output – the Judicial Cultures Toolkit – supports institutional self-assessment and strengthens EU rule of law policy and judicial reform.

Objective

Judicial independence in the European Union is increasingly exposed to structural and cultural pressures that endanger the Union’s identity as a community of law. This project conceives judicial independence not only as a constitutional safeguard, but as a culturally embedded institution situated within Europe’s plural legal traditions. Across several Member States, politicised appointments, selective disciplinary proceedings, and unequal access to justice erode the legitimacy of courts and weaken public trust. Existing EU monitoring mechanisms capture procedural deficiencies but fail to address cultural dimensions of this erosion. Therefore, the Rule of Law Crisis Framework integrates legal, cultural, and empirical indicators into a comparative tool that examines independence, impartiality, and integrity not only formally, but as they are performed and perceived in practice. Methodologically, the project combines data from the EU Justice Scoreboard with insights from the Law as Culture paradigm, which understands law as a symbolic, ritual, and narrative practice intertwined with social values, aesthetic forms, and religious traditions. This interdisciplinary approach allows to capture how systemic vulnerabilities are shaped by cultural, gendered, racial, and class-based dimensions. It addresses implementation deficits, the erosion of legitimacy and belief, and the disconnection between expert-driven Juristenrecht and lived Volksrecht. Outputs include a Judicial Cultures Toolkit for institutional self-assessment and resilience, to sustain monitoring and policy innovation beyond the project. Ultimately, the project argues that the crisis of the rule of law cannot be remedied through political or economic strategies alone; it requires mobilising cultural and communal resources to restore trust, legal certainty, and the independence of justice.

Fields of science (EuroSciVoc)

Keywords

Programme(s)

Topic(s)

Funding Scheme

HORIZON-RIA - HORIZON Research and Innovation Actions

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Call for proposal

(opens in new window) HORIZON-CL2-2025-01

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Coordinator

RHEINISCHE FRIEDRICH-WILHELMS-UNIVERSITAT BONN
Net EU contribution
€ 2 033 811,81
Address
REGINA PACIS WEG 3
53113 Bonn
Germany
Region
Nordrhein-Westfalen Köln Bonn, Kreisfreie Stadt
Activity type
Higher or Secondary Education Establishments
Links
Total cost
No data

Participants (5)