The Fortress of Judicial Independence and the Mental Transitions of the Central European Judiciaries

Abstract

This article critically examines some of the assumptions of the past and the current debate on judicial independence in the Czech Republic and in Central Europe generally. It addresses, against the notion of judicial independence, issues of societal, personal and mental change within the judiciaries in the region. It suggests that the up-to-date debate has been excessively focusing on the (abstract) institutional structure of national judiciaries. The independence of the judiciary is, however, not about the institutions, but about the judicial mentality and self-image. Otherwise, judicial institutions and judicial reform are reduced to empty institutional mimicking.

Keywords: judiciary, judicial reform, judicial independence, Central Europe, Czech Republic