Adoption by ACA-Europe of a resolution on Rule of law

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On may 15th 2018, ACA-Europe* has adopted a resolution wherein it expresses its grave concerns over developments in some member states that threaten to infringe on fundamental principles of the rule of law: the separation of powers and the independence of the judiciary

It reminds all governments that judicial cooperation and comity between the courts requires mutual trust between jurisdictions with regard to the observance of the rule of law in all member states.

Resolution

The general assembly of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union

  • Expresses its grave concerns over developments in some member states that threaten to infringe on fundamental principles of the rule of law: the separation of powers and the independence of the judiciary. It reminds all governments that judicial cooperation and comity between the courts requires mutual trust between jurisdictions with regard to the observance of the rule of law in all member states.

  • Strongly supports its members in protesting any national measures that threaten their independence of the judiciary and the force of law of their judgements.  

  • Reaffirms the commitment of all its members to the fundamental principles and common values of the European Union with regard to the rule of law as laid down in the treaties and in the Charter of fundamental rights of the European Union.

  • Calls upon all institutions of the European Union and the Member States to observe and defend these principles and values with all available means.

*ACA-Europe is an European association composed of the Court of Justice of the European Union and the Councils of State or the Supreme administrative jurisdictions of each of the members of the European Union. The jurisdictions and institutions similarly empowered of States which are engaged in negotiations with a view to their actually joining the European Union can be admitted as Observers.

The objectives of ACA-Europe are to obtain a better understanding of EU law by the judges of the Supreme Administrative Courts across Europe and a better knowledge of the functioning of the other Supreme Administrative Courts in the implementation of EU law; to improve the mutual trust between judges of the Supreme Administrative Courts; to foster an effectively and efficiently functioning of administrative justice in the EU; to provide exchange of ideas on the rule of law in the administrative judicial systems and, finally, to ensure access to the decisions of the Supreme Administrative Courts implementing EU law.

For further information on ACA-Europe : http://www.aca-europe.eu