| Abstract [eng] |
The topic of this master's thesis is relevant both at the national and international levels, as the principle of judicial independence is one of the fundamental pillars of a democratic rule-of- law state. In light of recent violations of this principle in European Union member states— violations which pose a serious threat to the supremacy of the rule of law—it becomes imperative to systematically analyze how the principle of judicial independence must be implemented within the European Union and to identify the most significant risks associated with its erosion. The object of the research is the implementation of the principle of judicial independence in the member states of the European Union. The aim of this thesis is to determine the specific features of implementing the principle of judicial independence in EU member states and to reveal the key challenges related to it. In pursuit of this aim, the thesis sets out three main objectives: first, to reveal the preconditions for the formation of the principle of judicial independence, its legal nature, conceptual framework, and core components and aims; second, to identify the legal foundations for the implementation of judicial independence in the member states of the European Union; and third, to determine the principal problems and challenges associated with the implementation of the principle of judicial independence in EU member states. The thesis is divided into three main parts. The first part presents a historical and legal analysis of the principle of judicial independence, aiming to trace its development and to define the legal preconditions for its formation, its conceptual basis, key components, and objectives. The second part examines the implementation of judicial independence at both national and international levels, discussing relevant international and Lithuanian legal acts. The third part is dedicated to the analysis of practical challenges, exploring specific cases from the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, with special attention given to the case of judicial reforms in the Republic of Poland, which revealed essential shortcomings in safeguarding judicial independence. The following methods were applied in the research: systematic analysis, historical method, comparative method, and content analysis. The research findings support both hypotheses set at the beginning of the work. First, it is confirmed that the principle of judicial independence remains vulnerable in practice, especially in regard to the appointment and dismissal procedures of judges in EU member states, which are increasingly subject to disproportionate political influence. Second, based on the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, it has been established that these international courts consistently transform the principle of judicial independence from a general constitutional ideal into a concrete legal standard grounded in objective criteria. In light of these findings, the thesis concludes by proposing that the institutions of the European Union initiate the adoption of a regulation clearly and imperatively defining judicial appointment and dismissal standards, based on the most current doctrinal developments in European case law. |
