Attack or reform
Is it possible to distinguish whether a government is willing to eliminate its accountability or aims for public trust or efficacy growth? Moreover, which elements in the government’s actions differentiate valid criticism from an attack on the independence of the judiciary? This paper proposes an or...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2023-04-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1489 |
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| author | Peter Curos |
| author_facet | Peter Curos |
| author_sort | Peter Curos |
| collection | DOAJ |
| description | Is it possible to distinguish whether a government is willing to eliminate its accountability or aims for public trust or efficacy growth? Moreover, which elements in the government’s actions differentiate valid criticism from an attack on the independence of the judiciary? This paper proposes an original approach toward recognizing an attack on the judiciary. While previous approaches focused on the reformer’s motivation, adherence to international standards, or the requirement of the “tribunal established by the law,” this approach is looking for a kernel of judicial independence and finds it in sufficient conditions for a judge’s free and impartial decision. In the paper, changes in Hungary and Poland will be compared to the Slovak judicial reform since 2020. While after three decades after the fall of state socialism, Hungary, Poland, and Slovakia face similar problems of backsliding of the rule of law and emerging populism, different motivations, interpretations, and outcomes of the judicial reforms can be seen in Slovakia.
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| format | Article |
| id | doaj-art-6859b7129d6749908cbfd0a07fc5fb80 |
| institution | OA Journals |
| issn | 2079-5971 |
| language | English |
| publishDate | 2023-04-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-6859b7129d6749908cbfd0a07fc5fb802025-08-20T02:23:48ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712023-04-0113210.35295/osls.iisl/0000-0000-0000-13932502Attack or reformPeter Curos0University of Oslo/Institute of Political Studies, Polish Academy of SciencesIs it possible to distinguish whether a government is willing to eliminate its accountability or aims for public trust or efficacy growth? Moreover, which elements in the government’s actions differentiate valid criticism from an attack on the independence of the judiciary? This paper proposes an original approach toward recognizing an attack on the judiciary. While previous approaches focused on the reformer’s motivation, adherence to international standards, or the requirement of the “tribunal established by the law,” this approach is looking for a kernel of judicial independence and finds it in sufficient conditions for a judge’s free and impartial decision. In the paper, changes in Hungary and Poland will be compared to the Slovak judicial reform since 2020. While after three decades after the fall of state socialism, Hungary, Poland, and Slovakia face similar problems of backsliding of the rule of law and emerging populism, different motivations, interpretations, and outcomes of the judicial reforms can be seen in Slovakia. https://opo.iisj.net/index.php/osls/article/view/1489Central and Eastern Europe,judicial independenceattack and reformaccountability of the judiciarySlovak reform of the judiciary 2020Europa Central y del Este |
| spellingShingle | Peter Curos Attack or reform Oñati Socio-Legal Series Central and Eastern Europe, judicial independence attack and reform accountability of the judiciary Slovak reform of the judiciary 2020 Europa Central y del Este |
| title | Attack or reform |
| title_full | Attack or reform |
| title_fullStr | Attack or reform |
| title_full_unstemmed | Attack or reform |
| title_short | Attack or reform |
| title_sort | attack or reform |
| topic | Central and Eastern Europe, judicial independence attack and reform accountability of the judiciary Slovak reform of the judiciary 2020 Europa Central y del Este |
| url | https://opo.iisj.net/index.php/osls/article/view/1489 |
| work_keys_str_mv | AT petercuros attackorreform |