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Article
Recent Attacks on Judicial Independence: The Vulgar, the Systemic, and the Insidious
German Law Journal
  • James E. Moliterno, Washington and Lee University School of Law
  • Peter Čuroš, University of Oslo
Document Type
Article
Publication Date
1-1-2021
Abstract

This article offers an opening to Central and Eastern Europe (CEE) situation and attacks against the judiciary in this region since 2010. The focus is not primarily on historical path dependence like the rest of this issue. Instead, the focus aims at the nature of attacks on the judiciary. Such attacks have appeared in CEE and the US in recent years. Its interest lies in explaining similar patterns visible in the judiciaries of CEE. Particularly, it looks at the current conditions in the Czech judiciary, political interventions in Poland since 2015 and in Hungary since 2010, and undermining of trust towards judiciary in the U.S., where attempts for delegitimizing the judiciary have happened since 2016. The article draws on similarities of attacks of authoritarian governments and responses of judiciaries. The authors highlight similarities and diversities of CEE countries 30 years after the fall of the communist regime and a path of these resemblances and varieties.

Citation Information
James E. Moliterno & Peter Čuroš, Recent Attacks on Judicial Independence: The Vulgar, the Systemic, and the Insidious, 22 German L.J. 1159 (2021).