Rule of Law in Europe. Perspectives from Practitioners and Academics

This publication is concerned with the rule of law, with a particular focus on the importance of judicial independence as a component of the rule of law. The objective of this part of the publication is to provide the theoretical and conceptual foundations for the rule of law. The case law concerning judicial independence is explained in a later section of this publication. It is important to be mindful of the elements that comprise the rule of law. This is crucial for an understanding of the more detailed checklist of components of the rule of law contained in Venice Commission documents, and for an understanding of the more detailed case law on judicial independence. The following sections will, therefore, elaborate on three components of the rule of law, and will address the relationship between each of them and judicial independence. It is important, when reading the material that follows, to be aware of the following point. The three components of the rule of law are interconnected/should be seen as complementary. The first component is the most narrowly defined one, the second is broader, and the third is the most far-reaching.