This article aims to describe the effect of the ever-expanding case-law of ECtHR and the CJEU on domestic judicial design and its connection to judicial independence. The right to a fair trial and the right to effective remedy, which are fundamental parts of both legal order, has been interpreted in recent times as a yardstick to evaluate the national judicial system, which also leads to an empowerment of the judges and enforcement of soft law standards. These new instruments were established especially to protect judges in illiberal or transitional democracies but they seem to be more and more relevant for established democracies as well.
European Standards of Judicial Governance: From Soft Law Standards to Hard Law****Dieser Beitrag geht auf einen beim Symposion „Aktuelle Fragen zur Justiz und Justizreform“ am 13.05.2022 an der Universität Wien gehaltenen Vortrag zurück. Siehe auch JRP 2/2022, 116 ff.
Abhandlungendoc. JUDr. David Kosař , PD Dr. Attila Vincze**The research leading to this article has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (INFINITY, grant agreement no 101002660).JRP 2022, 491 Heft 4 v. 30.12.2022
