Speech at Conference “The Role of Courts in Strengthening Democracy and the Rule of Law in Challenging Times”, Vilnius, Lithuania

ACA-Europe: defending the rule of law together

Kari Kuusiniemi, president of the Supreme Administrative Court of Finland, vice-president of ACA-Europe

Madam President, distinguished colleagues, it gives me an immense pleasure to be invited to speak in today´s important and timely conference. The topic includes three issues that are extremely dear to me: defending democracy from the viewpoint of independent courts, fighting for the rule of law, and international cooperation.

For an audience like you, it is unnecessary to state reasons why this conference is so significant right now. It suffices to say that globally the rule of law indices are in a free fall, democratic development is backsliding, autocratic tendencies are gaining support in all continents, rules-based world order is declining and being replaced by transactional deals-based system, the world is more often being governed by force, not law.

The importance of the rule of law is once again highlighted in the seventh annual Rule of Law Report 2026. The introductory statements of the report detail that the rule of law underpins Europe´s prosperity, democracy and security. Independent justice systems, effective anti-corruption frameworks, free and pluralistic media, and strong checks and balances protect citizens´ rights and sustain trust in public institutions and democracy. They provide the legal certainty that support investment, competitiveness, and economic growth. Just like the Commission President Ursula von der Leyen put it, the rule of law builds trust, trust among citizens, trust among businesses. Even if the report shows some positive developments in the EU member states and candidate states, much has still to be done. And here, ladies and gentlemen, the role of ACA-Europe shall not be underestimated.

I have the honour to address you as a former president of ACA-Europe. I am especially proud of that the next presidency of the Association will be jointly taken over from the present Greek one by the three Baltic states jointly. ACA-Europe is a European association composed of the Court of Justice of the European Union as well as the Councils of State and the Supreme administrative jurisdictions of each of the members of the European Union. The supreme administrative jurisdictions of Albania, Montenegro, Serbia, Türkiye and Ukraine have an observer status, while those of Norway, Switzerland and the United Kingdom are invited to participate in the activities of the Association as guests. Also, the European Court of Human Rights has recently been adopted as a guest. Thus, ACA-Europe is a unique network of Supreme Administrative Jurisdictions, that extends across 35 European states and includes also both European Courts.

According to the statutes, 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.

In a nutshell, the idea is to enhance mutual understanding and enable harmonization of legal practices all over Europe. Especially recently one of the main focuses has been emphasizing the importance of the rule of law as a basis of development of democratic societies. Even if ACA-Europe is a non-political association composed of courts, it has actively adopted statements in order to defend the rule of law. In European democratic societies prevailing the rule of law is not about politics; it is an international commitment and constitutional obligation. I will share with you some examples of the activity of ACA-Europe in this field.

In 15.5.2018, the general assembly of the Association expressed 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. ACA-Europe strongly supports its members in protesting any national measures that threaten their independence of the judiciary and the force of law of their judgements, and 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. ACA-Europe calls upon all institutions of the European Union and the Member States to observe and defend these principles and values with all available means.

One and a half years later, ACA-Europe noted with great concern press reports on a new legislative initiative by the Parliament of the Republic of Poland regarding the legal status of judges. According to that, Polish courts should be prohibited from reviewing the legality of the appointment of judges. Infringements thereof shall lead to disciplinary sanctions up to the dismissal of judges. ACA-Europe emphasized that the independence of the courts is an integral part of the right to effective judicial protection and the fundamental right to a fair trial. It is of preeminent importance as a guarantee for the protection of the rights of citizens as well as for the protection of the rule of law and other common European values. After referring to case-law of the CJEU, ACA-Europe called upon those who share responsibility in Poland to refrain from acts against judicial independence and from abusing disciplinary procedures against judges to suppress undesired legal opinions.

ACA-Europe also reacted strongly against the unlawful aggression by Russian Federation on Ukraine in 2022.

In a press release, ACA-Europe strongly condemned the killing of Judge Astrit Kalaja of the Tirana Court of Appeal on 6 October 2025 inside the courtroom. It is evident to us all that no judge should have to fear for their safety when performing their duties. Accepting the contrary undermines judges’ ability to deliver fair and impartial decisions. States therefore bear a fundamental responsibility to ensure the safety and protection of independent judges.

The latest statements, in January and August 2026, the ENCJ, EAJ and ACA-Europe jointly urged that the USA should withdraw the sanctions targeted on the judges and prosecutors of the International Criminal Court. Moreover, the US Secretary of State on 13 July 2026 announced a campaign against the ICC, which included threats of additional sanctions. The actions stated to be under consideration included visa revocations and travel bans for ICC personnel, increased sanctions against the ICC and affiliated organisations, and diplomatic efforts to urge other Member States to withdraw from the ICC. The European judges´ organizations reaffirmed their support for the independence of the International Criminal Court, including its judges, prosecutors and staff, and condemned this most recent initiative by the US Government against the International Criminal Court.

These examples show clearly that ACA-Europe has a conscience. It is on the side of democracy and the rule of law. If the rule of law is attacked the Association may react, irrespectively whether the perpetrator is Russia or the United States – or its own member state.

One of the absolute highlights during my presidency took place on 27.5.2025, as the General Assembly approved the resolution of the Board welcoming the Supreme Court of Ukraine as an observer, as this jurisdiction meets the conditions of the Association’s Statutes. The address of the President of the Administrative Cassation Court of the Supreme Court of Ukraine, Mr. Mykhailo Smokovich, to the General Assembly provoked strong applause and, also, some tears. Welcoming the brave people of Ukraine to the European family of democratic states respecting the rule of law is a small step which hopefully encourages Ukraine to strive its way towards the EU-membership, in spite of the terrible ongoing war. I count on that ACA-Europe and its individual members are ready to support Ukrainian courts and judges on this path – not as headmasters but true partners in pondering different avenues to reach common goals. Slava Ukraini!

Ladies and gentlemen, I hope I have been able to demonstrate how crucial a role ACA-Europe plays in fostering the rule of law – not only within the supreme administrative jurisdictions – but more generally. Democracy, the rule of law, and defending human rights can be characterized as a tripod where all the elements are inevitable. The European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as laid down in Article 2 of the Treaty on European Union. As highlighted in the plenary judgment of the Court of Justice of the European Union 21st April 2026 in case C-769/22, these foundational values have also direct legal relevance. The Court laid down that Hungary, by adopting pieces of anti-LGBTI law, had infringed that Article and Article 1 of the Charter of Fundamental Rights. The judgment noted that the law was an attempt to portray LGBTI people as a threat to society, and in doing so Hungary had violated the core values that constitute the European Union’s identity and infringed these people´s human dignity.

I wish to remind us about the crucial role of the supreme courts in the effort of upholding the rule of law, defending human dignity and human rights. We as judges shall not enter the political arena, but defending the rule of law and independence of the courts is not merely a political choice, it is the foundation of the European Union as expressly defined in the EU Treaty, and, more generally, present western democracies.