Conclusion to Sustaining the Rule of Law

Judicial independence cannot be defended by legal texts and court rulings alone. Public trust, societal buy-in and a rule of law culture are essential for upholding judicial independence. This is the main conclusion of this concluding chapter. For an effective response, international top-down processes in the form of EU monitoring and enforcement should converge with national, bottom-up forces. National courts and judges play a crucial role, but the success of their actions depends on broader political and societal support, transnational linkages and pan-European action by judges as well as the court management system within a particular EU Member State. Strict legal formalism and overlegalisation should be avoided on the side of EU Member States and the CJEU should make room for a contextual approach with considerable attention to the operation of the law in practice as well as the avoidance of double standards. An effective response might also require a change of tactics such as the use of the language of populists and autocrats. This conclusion also underlines the significance of paying attention to institutions that operate as quasi-courts, such as national competition authorities.