To what extent is the case law generally applicable?
The goal of the final seminar is to summarize the recent achievements of the “Spring of with the Rule of Law” project (including the events which took place between April 2021 and the final seminar). The discussion about the future of the European judicial institutions, with a particular reference to the European Court of Justice, seems essential. During the previous meetings, we discussed the practical meaning of the rule of law concept, the scope of activity of the European Court of Human Rights, and controversies surrounding judicial independence in Europe. The conclusions from these discussions indicate that the implementation of the decisions issued by the European Courts depends on the political will of the member states. Lack of such will usually is manifested by a tendency to ignore these decisions, in particular when the decisions may, on the one hand, impact internal politics of a member state, and on the other hand, when European institutions are forced to make political calculations of gains and losses. All of these elements require a more profound reflection by academics and judges.
During this webinar, the main question we will pose to the panel is: To what extent the case law is generally applicable? In other words: can we formulate a universal standard of the rule of law that would be applicable in Europe, or should we focus close attention on the local context, and protect essential values. This question is more than justified in the face of widespread populism and the crisis the European project is facing.
The panel discussion will be hosted by Professor Adam Bodnar, former Commissioner for Human Rights of the Republic of Poland, and Dean of the Faculty of Law in Warsaw, at SWPS University.
About the series
The webinar series “Spring with the Rule of Law in CEE” is organised by Riga Graduate School of Law and SWPS University. The series aims to raise the awareness of participants about the fundamental concepts of the rule of law system, its Central and Eastern European specifics and the traps that await society during the creation of a fully democratic political community.
Participants have an opportunity to attend meetings and discussions with acclaimed experts who have spent their time on in-depth research of the rule of law, Central and Eastern Europe, and the legal practices strengthening these ideals.
This is the final webinar in the “Spring with the Rule of Law in CEE” series. The 4-part series has been running since April 2021.
Review the series:
- Webinar: The Ideal of the Rule of Law and Why it Matters
- Webinar: Clarities and Unclarities About Fundamental Notion of Justice
- Webinar: The Court of Justice to the rescue of the rule of law