In February 2025, the European Network of Councils for the Judiciary (ENCJ) compiled and submitted to the European Commission a report on current developments in judicial systems to contribute to the European Commission's Rule of Law Report.
The Report is divided into three parts:
1. ENCJ statements and activities in 2024
- In April 2024, the ENCJ in cooperation with the European Association of Judges published a joint statement on the renewal of the Spanish Council for the Judiciary.
- At the 2024 General Assembly in Rome, two Councils became members of the ENCJ: the National Council for Justice of Luxembourg and the Supreme Council of Judicature of Cyprus.
- The 2024 General Assembly joined the Declaration of the European Association of Judges (EAJ) on the critical situation of judicial independence in Slovenia (inadequate remuneration of judges) and published the Declaration on Access to Justice.
- In July 2024, the ENCJ Board published a statement expressing concern about the situation of judicial independence in Hungary, including the inadequacy of judges' remuneration. In December 2024, the ENCJ also publicly criticised the quadripartite agreement concluded in Hungary between the Hungarian Judicial Council (OBT), the National Office for the Judiciary (OBH), the Supreme Court and the Ministry of Justice, which was declared null and void by the OBT in early 2025.
- In July 2024, the ENCJ issued an opinion on the situation in Bosnia and Herzegovina regarding the draft law on the High Judicial and Prosecutorial Council (HJPC).
2. Results of the ENCJ project on the independence, accountability and quality of the judiciary
- Meetings of six dialogue groups were convened in the first three months of 2024 to discuss the results and quality of independence and accountability indicators measured in 2022-2023. Issues discussed included the strained relations with other public authorities, which hinder the functioning and development of the judiciary, create fragmentation in the management of the judiciary, and disrupt relations with the media and confidence in the judiciary.
- In 2023/2024, minimum standards on the political affiliation of judges were prepared and adopted.
- In 2023/2024, the project team adopted a concept on "Access to Justice" with two sub-themes: access to justice for persons with disabilities, vulnerable groups, and digitalization.
- Conclusions were drawn on Member States' practices in conducting surveys of court clients, as well as the CEPEJ's model for a judicial client survey.
3. Developments in the ENCJ Member States on the independence of the judiciary
- At the end of 2023, amendments to the Constitution of the Republic of Bulgaria were adopted, reforming the judiciary and the Supreme Judicial Council. At the end of July 2024, the Constitutional Court of Bulgaria ruled that almost all of these amendments were unconstitutional.
- In 2023, a new independent Judicial Appointments Commission (JAC) was established with 9 members: 4 judges, 4 lay judges and the Prosecutor General.
- In Italy, in mid-2024, a constitutional amendment was submitted to the Parliament to reform the Italian Supreme Judicial Council. The reform aims to create two separate Judicial Councils: one for judges and one for prosecutors, both of which will be responsible for appointments, transfers, professional evaluation, etc.
- In October 2024, the Judicial Council of Lithuania adopted a decision on the right of the Judicial Council to appeal to the Constitutional Court. Since 1 January 2024, Lithuania has launched the Disability Reform, which includes implementing measures for accessibility of judicial services for persons with disabilities and seniors.
- In the Netherlands, the Judicial Council focused on discussions on reducing the role of the Minister in appointing members of the Judicial Council and on the recommendations of the Venice Commission on this issue.
- In Slovenia, in 2023, the Parliament decided to initiate the procedure for amending the Constitution as regards the chapter on the judiciary, including the composition of the Judicial Council. The constitutional revision procedure has been stalled since 2024.
- The Constitutional Court of Slovakia ruled on the removal of members of the Judicial Council before the end of their term of office, thus holding that a member of the Judicial Council can be removed at any time.
- In Spain, the composition of the Council for the Judiciary was renewed in 2024, after more than four years. The appointment of new members required a majority of the Parliament votes (3/5).
Moreover, the Report includes Member States' replies to a question on the relationship of the judiciary with the other branches of government, as well as the actions taken to implement the recommendations of the European Commission's Rule of Law Report (if applicable).
The full ENCJ report submitted to the European Commission can be found on the ENCJ website in English.