@article{2021:von_steinsdorff:justizrefo,
title = {Justizreformen in den osteuropäischen Mitgliedsstaaten der Europäischen Union – Stärkung oder Schwächung der Unabhängigkeit der Gerichte?},
year = {2021},
note = {In light of the massive attacks on the independence of the judiciary
in some of its member states, the EU has recently stepped up its
efforts to monitor and consolidate the rule of law within the Union.
The success as well as the setbacks of this rather technocratic
approach are analyzed from a comparative perspective against the
backdrop of the judicial reforms in eleven Central and Eastern
European EU member states between 2004 and 2020. The quantitative and
qualitative analysis focuses on the mechanisms which best protect the
individual independence of judges. The article also examines the
reasons for reform, exploring the tension between legitimacy and
efficiency, when well-founded demands for legal independence are
pitted against equally legitimate claims for political control. The
comparative analysis of the judicial reforms allows to differentiate
between cases, where a better protection of judicial independence has
been achieved, and cases in which the postulated aims and the actual,
sometimes toxic effects diverge.},
journal = {ZfP Zeitschrift für Politik},
pages = {283--306},
author = {von Steinsdorff, Silvia and Kazmierska, Kaja},
volume = {68},
number = {3}
}