By Anagnostakis Law Team.
In the joined cases of Financijska agencija v. HANN-INVEST d.o.o. (C-554/21), MINERAL-SEKULINE d.o.o. (C-622/21), and UDRUGA KHL MEDVEŠČAK ZAGREB (C-727/21), the Court of Justice of the European Union (CJEU) examined the principles of judicial independence in the context of specific national procedures. These cases centered on disputes involving the Croatian Financial Agency (Financijska agencija) and addressed issues related to the agency’s independence and its ability to conduct fair procedures without undue influence from the executive branch or internal hierarchies.
External Aspect of Independence
The external aspect of judicial independence requires the judiciary to exercise its duties with complete autonomy, without being subject to any hierarchical control or subordination. Specifically, the members of the court must not receive instructions or orders from any source and must be shielded from external interventions or pressures that could impair their judgments and decisions. The CJEU’s decision regarding the independence of the Disciplinary Chamber of the Supreme Court (Cases C-585/18, C-624/18, and C-625/18) clarifies that this notion of external independence aims to protect the judiciary from executive and legislative power, consistent with the principle of separation of powers.
Internal Aspect of Independence
Beyond protection from external influences, judicial independence also includes safeguarding against undue influence within the judiciary itself. Relevant jurisprudence, such as the European Court of Human Rights (ECHR) decision in Parlov-Tkalčić v. Croatia, indicates that judges must be protected not only from external interferences but also from any form of improper influence originating from within their own court.
Separation of Powers and the Importance of Legitimacy
Given the inseparable links between the guarantees of judicial independence and impartiality, Article 19, paragraph 1, second subparagraph, of the Treaty on European Union (TEU) mandates the existence of a court that has been established by law. This means that the judicial formation taking up a case must be properly constituted and able to decide independently.
This principle aims to prevent the executive branch from exerting control over the organization of the judiciary, ensuring this domain is governed by law. Particularly in legal systems based on codes of law, the organization of the judiciary should not be left to the discretionary powers of judicial authorities alone, although it does not exclude the recognition of certain interpretative powers of national legislation by the judiciary (Disciplinary Regime of Judges, Case C-791/19).
Importance and Implications
The CJEU decisions in these cases underscore the essential need for judicial independence and protection against both external interventions and internal improper influences. By ensuring that courts and regulatory bodies operate autonomously, the CJEU fortifies the principles underpinning the rule of law. This jurisprudence ensures that all judicial and quasi-judicial bodies within EU member states uphold the highest standards of independence and impartiality, fostering trust in the judicial system and its decisions.
In conclusion, the rulings of the CJEU highlight the vital requirement for judicial independence and the preservation of the rule of law. The joined cases of Financijska agencija, HANN-INVEST d.o.o., MINERAL-SEKULINE d.o.o., and UDRUGA KHL MEDVEŠČAK ZAGREB illustrate how these principles must be applied in practice, reinforcing the CJEU’s role in safeguarding judicial independence across the European Union.