Address to the General Assembly of the European Network of the Councils for Judiciary in Rome, Italy

Kari Kuusi­nie­mi, Pre­si­dent of ACA-Eu­ro­pe and the Supre­me Ad­mi­ni­stra­ti­ve Court of Fin­land

Honourable Chair, distinguished colleagues,

Twenty years. Is it a long period of time or just blink of an eye, a moment in the course of history? Obviously, the answer depends upon the horizon of our view. We all recall the proverb “All roads lead to Rome”. During the glory days of Roman Empire, roads were built for military purposes and by the army, but a paved road network also served commerce and communications. If you were a Civis Romanus, you could move around the empire without a passport and use the same currency.

Twenty years ago, the European Union was enlarged by ten new Member States, leading to a union of 25 European nations, and the number has grown since then, too. The EU is based on four basic freedoms, namely free movement of goods, services, people, and capital in the internal market, ideas of mutual recognition and mutual trust, as well as common values of a liberal democracy. One of the core values, the bedrock of our present-day societies, is the rule of law. And, here before this audience, I dare to say that the most precious element of the rule of law is the independence of the judiciary. Only an independent judiciary – both at the transnational and national level – can guarantee that those in power shall respect human rights and fundamental rights and strictly abide by the law. Only the principle of the rule of law, guaranteed by independent courts, can provide trust and stability in a free society. A guarantee that no one is above the law.

Twenty years ago, the European Network of the Councils of Judiciary was founded here in the eternal city of Rome. Also, Facebook was launched that year. I refrain to express my opinion which event was more influential to the future of Europe in real life. But my purpose is to highlight that the ENCJ is a relatively new organisation. On the other hand, already during these twenty years of its existence, it has clearly shown its necessity. For instance, in my home country Finland public debate concerning the independence of the judiciary was rather non-existent until recently. There was no pressure from the political elite on the courts. Only some 10-15 years ago worrying news from certain EU member states concerning violations of the rule of law gained attention. Some international examples on how political decision-makers could infringe the independence of courts came into the spotlight and made us realise that the constitutional guarantees of independence were rather weak.

Even when celebrating the 20th anniversary of the ENCJ, we cannot leave unattended the present threats and shortcomings. We are witnessing polarization of our societies, leading even to political violence. The backsliding of the rule of law and attacks on the judiciary are, regrettably, frequent. These very developments show clearly why a network like ENCJ is vital. Membership to the ENCJ is open to all national institutions of Member States of the European Union which are independent of the executive and legislature, or which are autonomous, and which ensure the final responsibility for the support of the judiciary in the independent delivery of justice. At the moment, there are 23 members (from some Member States there are two national representative organisations) and 17 observers. I am proud to notice that the Finnish National Courts Administration which was founded in 2020 is also represented here today.

On behalf of ACA-Europe, I have the honour and pleasure to thank the ENCJ and its leadership for an immensely important work for preserving the independence of the judiciary and fighting for the rule of law – a precious value which should unite all European nations to be governed by law, not by force. Our heartfelt congratulations and the best of success for your future work of building an important European network!