Independent justice, inter-legalities and judicial dialogues in Europe

Joxerramon Bengoetxea

Chapter 18 in Research Handbook on Judging and the Judiciary, 2025, pp 353-374 from Edward Elgar Publishing

Abstract: This chapter considers judicial discourse or reasoning with institutional functions, practices, conflicts, and social actors and addresses the direct relationship between judicial dialogues and judicial independence, impartiality under the rule of law and democratic constitutionalism. Section 1 inquires into European consensus on judicial independence standards. Section 2 recalls the European diversity of models on the judiciary and judicial power, which may correspond with different forms of judicial dialogue. Judicial dialogue best suits the model of democratic constitutionalism under the rule of law (section 3). The multilevel European judiciaries deal with inter-legalities: state judges apply different legal systems (section 4). Judicial dialogue helps avoid constitutional pluralist tensions, but some domestic apex courts depart from European standards on judicial independence, thereby making judicial dialogue futile. Further elements of the rule of law and democratic constitutional culture would need to be mobilised to recover the European standards of judicial independence and impartiality (section 5).

Keywords: Judicial dialogues; Judicial independence; Inter-legalities; Judiciaries; Democratic constitutionalism; Rule of law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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