The Systematic Erosion of Judicial Independence in Europe
Across the European continent, a disturbing pattern has emerged where far-right political movements and authoritarian governments are launching coordinated attacks against judicial independence, threatening the very foundations of the rule of law. What was once considered a cornerstone of democratic societies is now facing unprecedented pressure from populist politicians who view independent judiciaries as obstacles to their political agendas.
France: Political Attacks on Judicial Decisions
In March of last year, a Paris court delivered a landmark ruling that found Marine Le Pen guilty of embezzlement and barred her from running in France's upcoming presidential race. The far-right leader responded with inflammatory rhetoric, denouncing what she called a "political decision" and "denial of democracy." Le Pen, who has since appealed the verdict, claimed she had been subjected to a "tyranny of judges" and described the ruling as a "political assassination" that dropped "a nuclear bomb" on her political career.
The aftermath of this decision revealed the dangerous climate facing judges in contemporary Europe. The presiding judge received threats on social media, and her home address was maliciously shared online. This incident prompted France's Conseil Supérieur de la Magistrature to issue a stern warning that it is "not acceptable in a democracy" for judges to be threatened or for politicians to comment on individual prosecutions and sentences.
Hungary's Illiberal Democracy Model
Hungarian Prime Minister Viktor Orbán has demonstrated over sixteen years in power how the rule of law can be systematically degraded within a modern European Union country. Through a series of constitutional and legal changes, Orbán has effectively captured Hungary's justice system by packing the courts with loyalist judges and transforming the media into a propaganda apparatus. His creation of what he proudly calls an "illiberal democracy" has become a blueprint for other authoritarian-leaning governments across the continent.
Despite facing an unprecedented challenge to his power in upcoming elections, Orbán's legacy of judicial manipulation continues to influence political strategies elsewhere in Europe. The erosion of judicial independence in Hungary has been so comprehensive that it now serves as both a warning and a model for other governments seeking to consolidate power.
Italy's Judicial Power Struggle
Giorgia Meloni's government in Italy has engaged in a veritable power struggle with the country's judiciary since coming to power in 2022. Among its first legislative moves was abolishing the crime of abuse of office, a change long championed by the late former prime minister Silvio Berlusconi. The administration has also limited the use of wiretapping and frequently attacks what it calls "politicised magistrates" attempting to "abolish Italy's borders."
When Italian courts blocked Meloni's attempts to establish repatriation centers in Albania, her government responded with accusations of judicial overreach. Even when targeted herself in an investigation concerning the release of a Libyan warlord wanted for war crimes, Meloni dismissed the inquiry as a leftist plot, declaring herself "not blackmailable, not intimidated."
The recent referendum on judicial reform, which Meloni's government framed as essential for impartiality but opponents saw as weakening judicial independence, resulted in a significant defeat for the administration. Many observers noted striking similarities between Meloni's tactics and Orbán's playbook for confronting and "taming" independent judiciaries.
Germany's Mounting Pressures
Even in countries with historically robust judicial systems like Germany, pressures are mounting. The far-right Alternative for Germany (AfD) party has exploited its representation in many states, particularly in eastern Germany, to block the reappointment of judicial officials in Thuringia as leverage for other political concessions.
Concern has also focused on potential vulnerabilities in Germany's highest tribunal, the federal constitutional court, to manipulation attempts. Former interior minister Nancy Faeser warned that autocrats "always turn first against the judiciary" and that constitutional courts "are often their first targets." She emphasized the need to ensure "enemies of our democracy don't have a gateway" to the judicial system.
Poland's Complicated Reversal Process
Poland provides a sobering case study in how difficult it can be to reverse controversial judicial reforms once they have been implemented. Inspired by Orbán's illiberal democracy model, the previous Law and Justice (PiS) party government aggressively overhauled Poland's justice system during eight years in power, capturing the constitutional court and radically expanding the justice minister's role.
Donald Tusk's current government has found unwinding these changes extraordinarily complicated due to political constraints. The coalition lacks the necessary three-fifths majority to overturn presidential vetoes, and progress has been minimal. The situation worsened when President Karol Nawrocki refused to approve the appointment of forty-six judges last November, effectively stalling reform efforts.
Former justice minister Adam Bodnar highlighted the challenge of convincing citizens to prioritize rule of law issues, noting that "a pretty significant part of the population didn't see any big problem" with the previous government's judicial reforms, being more concerned with social welfare issues instead.
The Broader European Context
According to Liberties, a Europe-wide network of civil liberties NGOs, political attacks on judges and justice systems are becoming increasingly common across the continent, dangerously undermining public confidence. Their 2025 report identifies five EU governments that have been found to "consistently" dismantle the rule of law through various means.
Magali Lafourcade, a leading French magistrate, warns that "we have passed a number of tipping points" when hardline interior ministers describe the rule of law as "neither untouchable nor sacred" and justice ministers reject European court decisions. She points to the United States as a cautionary tale, asking whether Europeans want an independent judiciary tomorrow, noting that "when a regime tips into the arbitrary and the authoritarian, it can happen fast."
The systematic assault on judicial independence represents more than isolated political conflicts—it constitutes a fundamental challenge to democratic governance across Europe. As civil liberties organizations and judicial unions sound the alarm about this "assault on the entire justice system," the question remains whether European democracies can withstand these coordinated attacks on one of their most vital institutions.
