15 May 2018 – The general assembly of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union;
ACA-Europe notes with great concern press reports on a new legislative initiative by the Parliament of the Republic of Poland regarding the legal status of judges. According to that, Polish courts should be prohibited from reviewing the legality of the appointment of judges. Infringements thereof shall lead to disciplinary sanctions up to the dismissal of judges.
ACA-Europe emphasizes that the independence of the courts is an integral part of the right to effective judicial protection and the fundamental right to a fair trial. It is of preeminent importance as a guarantee for the protection of the rights of citizens as well as for the protection of the rule of law and other common European values.
According to the case law of both the European Court of Human Rights and the European Court of Justice, the independence of a court is also determined by the mode of appointment of its members. Judicial independence and impartiality therefore presuppose rules which govern the appointment of judges that allow no reasonable doubt as to the imperviousness of the court to external influence and its neutrality with respect to the conflicting interests before it. In its judgment of November 19, 2019, the European Court of Justice repeatedly emphasized the power and obligation of the courts to scrutinize and decide about these issues. A ban on judicial review of the independence of the courts and the legality of the appointment of judges is clearly in contradiction to this. In turn it contravenes judicial independence as well as the rule of law and the requirement of effective legal protection.
ACA-Europe calls upon those who share responsibility in Poland to refrain from acts against judicial independence and from abusing disciplinary procedures against judges to suppress undesired legal opinions.
Leipzig, 20 December 2019
Prof. Dr. Dr. h.c. Klaus Rennert
President of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union
29 November 2024 | Versailles, France, Seminar “Justices and Ethics” |
17-18 March 2025 | The Hague, the Netherlands, Seminar “Contributing to the quality of legislation” |
25 May 2025 | Helsinki, Finland, Board |
26 May 2025 | Helsinki, Finland, Seminar |
27 May 2025 | Helsinki, Finland, General Assembly |
9-10 November 2025 | Athens, Greece, Seminar |
Flash Info |
13 June 2024 – President Kari Kuusiniemi’s address to the ENCJ General Assembly to mark the network’s 20th anniversary is available here. 27 May 2024 – Presentation of the leitmotiv of the Greek presidency 2025-2027 27 June 2023 – At the General Assembly in Naples, the Presidency of the Association was transferred from the Council of State of Italy to the Supreme Administrative Court of Finland.
5 January 2023 – In Memoriam Franco Frattini – March 14th, 1957-December 24th, 2022
27 December 2022 – Statement of the Italian presidency regarding the passing of President Franco Frattini It is with a heavy heart and great sadness that we share with you the following message of the Italian Presidency: Dear Colleagues, The President of the Italian Council of State and of ACA-Europe, Mr. Franco Frattini, passed away on Christmas Eve at the early age of 65.
30 June 2022 – Presentation of the tentative programme of the Finnish-Swedish presidency 2023-2025
1 March 2022 – Statement of the Board of ACA-Europe on Russia’s military invasion of Ukraine.
20 December 2021 – The Board of ACA-Europe endorsed the joint statement of the Network of the Presidents of the Supreme Judicial Courts of the European Union (NPSJC), the European Network of Councils for the Judiciary (ENCJ), the European Association of Judges (EAJ), and the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) on the judicial Independence in reference to the situation in Afghanistan. The aims of the joint statement are to speak out for the judges in Afghanistan and to reiterate the universal values for judicial independence and solidarity among the judiciaries. |