JUDICIAL INDEPENDENCE IN THE ERA OF SYSTEMIC TRANSFORMATIONS: BETWEEN GEOPOLITICAL PRESSURE AND DEMOCRATIC LEGITIMACY
JUDICIAL INDEPENDENCE IN THE ERA OF SYSTEMIC TRANSFORMATIONS: BETWEEN GEOPOLITICAL PRESSURE AND DEMOCRATIC LEGITIMACY

Summary/Abstract: Judicial independence is one of the fundamental guarantees of the rule of law and an indispensable condition for the protection of fundamental rights and freedoms. In the current context, characterized by profound systemic transformations – geopolitical conflicts, climate and health crises, the rise of populism and the acceleration of digitalization – the judiciary is facing increased pressures, both internal and external. The article examines how these transformations affect the autonomy of courts and their democratic legitimacy, starting from the standards established by international instruments (UN Principles on the Independence of the Judiciary, ECHR and CJEU case law) and from comparative examples from states where the separation of powers is being tested. The analysis highlights the tension between state sovereignty and international obligations regarding the rule of law, showing how geopolitics can directly influence the functioning of judicial institutions. At the same time, the study argues that the independence of the judge is not an end in itself, but a condition for maintaining the democratic legitimacy of the state. Thus, independence must be balanced with accountability and transparency to maintain public trust in an era marked by polarization and disinformation. The conclusion is that defending judicial independence in a changing world is not just a matter of constitutional architecture, but a strategic necessity for the international legal order and the resilience of democracy.

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