Defending the Rule of Law in a Time of Transition

CEELI’s annual symposium explores Europe’s role in protecting legal norms

For a quarter century, the CEELI Institute has been a cornerstone of strengthening Central and Eastern European legal systems by sharing international expertise and good practices. But today, geopolitical turmoil, technological changes and democratic instability are eroding basic rights, from due process to freedom of expression, around the globe.  A transition is underway that increasingly looks to European institutions to respond to these fundamental challenges to the rule of law, and at the Institute’s Annual Rule of Law Symposium, held in Prague on June 6, Europe’s expanding role in this effort was on full display.

“We’re here to explore how Europe is responding in this worldwide crisis, and what steps are being taken to strengthen the rule of law,” said Dr. Mark Ellis, Chair of the CEELI Institute. “It’s more important than ever that this Institute not only leads but serves as a beacon for what we all stand for.”

In his keynote address, Jan Marian, Deputy Minister of Foreign Affairs of the Czech Republic, set the tone for the day’s discussions.

“We are living in a difficult era, marked by geopolitical uncertainty, digital disruption and pressure on democratic institutions,” Marian said. “In too many places, the rule of law is under siege. But rule of law is not merely a domestic concern. It is a cornerstone of international peace, security and cooperation.”

During the day’s first panel, “A New Paradigm in Fighting Foreign Bribery,” experts highlighted the need for harmonized anti-corruption legislation in Europe, the announcement of a new Swiss, French, and UK to from a International Anti-Corruption Prosecutorial Task Force to tackle foreign bribery, the potential of the EU's new anti-corruption directive, and role of entities like the European Public Prosecutor's Office in combating corruption and money laundering.

Daniëlle Goudriaan, Partner, Ivy Corporate Defence & Investigations, and a former Public Prosecutor at the European Public Prosecutor’s Office, noted that rooting out corruption is not only a concern for judges and lawyers. Economists point out that as Europe seeks to strengthen its position, leaders “must make sure there's a robust rule of law in other countries with which we deal with economically.”

The second panel, “Framing the Rule of Law: The Role of Europe’s Apex Courts,” examined a major change in jurisprudence in undergoing these European tribunals to ensure rule of law is protected in national judiciaries.

Chaired by Hon. Ivana Hrdličková, former President of the Special Tribunal for Lebanon, speakers highlighted how cases before the European Court of Justice have influenced judicial reforms in Poland; the European Court of Human Rights’ support for legal rights in European courts; and the importance of political will, legal culture, and public trust in maintaining judicial independence.

During the final panel, “EU Enlargement and the Rule of Law,” attendees discussed how the EU membership process facilitates reforms in candidate countries.

Prof. Ivanka Vasilevska, a member of parliament from North Macedonia, said that judicial reforms and anti-corruption measures in her country – an EU-member state candidate – would not have been possible without EU expertise. “I work frequently with my colleagues from Brussels, and I must say that without their support, we would not be able to address the problems that we have in our society,” she said.

In 2024, CEELI hosted 96 events, talks and training initiatives focused on topics ranging from judicial independence to anti-corruption. Marek Svoboda, the CEELI Institute’s Director of Programs, said a concerted effort was being made to develop closer ties with Czech institutions and bodies of the European Union.

“We're now looking to Europe as being that new beacon for advancing the rule of law,” said Dr. Ellis, the Institute’s chair. “There are cracks, and there are challenges, but to me, today reinforced my belief that we will get there.”

Prof. Nicola Bonucci, former Director for Legal Affairs at the OECD, agreed. “This is a wake-up call for European countries to get their act together and not wait for others to do the job,” Bonucci said.

In this period of transition, he added, it is Europe’s time to help lead.