The rule of law is fundamental to the European Union, and judicial independence is fundamental to the rule of law. Despite this basic premise, challenges to the independence of the judiciaries in Central and Eastern Europe and elsewhere over the past decade threaten this core principle of the European Union. At the European level, there is an emerging jurisprudence at both the European Court of Human Rights and the Court of Justice of the European Union, which are taking important steps toward protecting the fundamental principle of the rule of law. While traditionally allowing a margin for different approaches to observe this principle within national judicial systems, this growing European jurisprudence is both shaping and refining the range of permitted approaches while providing increasing guidance to EU Member States on what approaches are consistent with a basic European understanding of judicial independence.

We are therefore delighted to present “EU Instruments in the Service of Independent Judges and the Rule of Law.” The Guide provides insight and analysis of the evolving European understanding of the rule of law from theoretical, historical, and jurisprudential perspectives. The Guide will assist judges from Member States to understand and implement this European jurisprudence within an increasingly challenging political atmosphere. As such, the Guide will be an essential, timely, and practical tool to help maintain the rule of law in the region.

This handbook has been prepared as part of the project “International Judicial Training: Boosting Judicial Competencies in a Post-pandemic Reality” (EC International Judicial Training JUST-2022-JTRA101089959) organized in cooperation between the CEELI Institute, the Interdisciplinary Center for Judicature of the University of Silesia, the Association of Croatian Judges, and the Polish Judges’ Association Iustitia.