By Karolina Godál
Artūrs Kučs, Judge of the European Court of Human Rights, analyzed how courts shape the understanding and protection of the rule of law in Europe.
On November 7, 2025, Dr. Artūrs Kučs, Judge of the European Court of Human Rights (ECtHR) and former substitute member of the Venice Commission, delivered a lecture within at the conference “Rule of Law: Judicial Independence, Democracy and Social Justice in Europe,” organized by the CEU Democracy Institute’s Rule of Law Clinic, exploring how supranational and national courts shape the understanding and protection of the rule of law in Europe. Speaking from both a judge’s and an academic’s perspective, he reflected on the ECtHR’s evolving role in safeguarding judicial independence and democratic values amid growing challenges across the continent.
Drawing on his extensive judicial experience, Dr. Kučs adopted an empirical approach, discussing the Court’s responses to threats to judicial independence, the limits of its jurisdiction, and its contribution to the preservation of democratic governance.
He highlighted that judicial independence is not a privilege of judges but a fundamental right of citizens, enabling fair and impartial adjudication.
Through analysis of a series of landmark cases, including Baka v. Hungary, Ástráðsson v. Iceland, Xero Flor v. Poland, and Wałęsa v. Poland, Dr. Kučs illustrated how the ECtHR has progressively developed its jurisprudence to address executive interference, improper judicial appointments, and systemic flaws undermining the right to a fair trial under Article 6 of the European Convention on Human Rights. Specific attention was given to the emergence of the “Ástráðsson test,” establishing criteria for assessing whether defects in judicial appointments amount to violations of the Convention.
The lecture also touched upon the Court’s engagement with threats to democratic standards through attacks on electoral integrity and disinformation, referencing the Bradshaw v. United Kingdom judgment, which recognized positive state obligations to safeguard free elections.
Dr. Kučs acknowledged that the ECtHR has faced criticism from different sides, with some accusing it of judicial activism and others of being overly cautious.
However, wherever one stands in this debate, constitutional autonomy should never serve as a pretext for violating the Convention.
The protection of democracy and the rule of law is a collective responsibility shared by the ECtHR, national courts, and political institutions such as the Committee of Ministers and the Venice Commission.
The lecture concluded with a warning that the erosion of judicial independence poses a direct threat to democracy and human rights. Calling for a renewed commitment to defending these values at both the European and national levels, Dr. Kučs held that
justice must remain strong not when it is easy, but when it is most difficult.
Watch the lecture here:
