European Standards for Independence and Freedom of Expression of the Judiciary

The article is focused on two main issues related to infringements of the independence of the judiciary. The first one is the situation when the judiciary is not allowed to take part in consultations on legislative reforms that affect it and its freedom of speech is compromised. The second one is related to the common practice of criticising the work of individual judges by the executive. Contemporary European standards established by the Council of Europe, Venice Commission of Democracy through Law, the Network of European Judicial Councils and the Consultative Council of the European Judges are examined. The practice of the European Court of Human Rights is subject to research as well, in the light of the recent decision on the case BAKA v. Hungary in which the issues of infringement of the freedom of expression (art. 10) are examined. The author pays special attention to the critiques towards the judiciary by the executive. The main conclusion is that there will always be tension between the three powers in case the judiciary is doing its work efficiently. The “creative tension” is part of the checks and balances mechanisms. However, the severe criticism aimed at individual judges and their judicial acts is detrimental to the independence of the judiciary and compromises the trust in the institutions