Institutional judicial policy in the eu: vectors of modernization on background of national pecularities

Abstract

The article is devoted to the institutional aspects of the transformation of EU judicial policy, caused by the processes of digitalization and public articulation of national interests and legal practices. The tendency of introducing pan-European norms of control over judicial policy, which meets with challenges and demonstration of differences at the national level, is traced. The EU experience in institutionalizing judicial policy, which involves consolidating well-founded legal practices in specific procedures and precedents, is studied. It is established that modern EU judicial practices are becoming functionally fragmented, especially on the periphery of the EU. The discrepancies between the EU Court's aspiration for digital and procedural modernization and the trends of national interpretation of legal innovations are considered. The position of the Court of Justice of the EU on interaction with national judicial systems is characterized, which requires greater factual and legal compliance from national judges. The features of the pressure of internal political interference on the judicial institutions of the EU are considered. Special attention is paid to the institutional powers of the Court of Justice of the European Union (CJEU), which acts as a neutral arbiter of judicial policy. It is found that the implementation of digital openness demonstrates that the Court of Justice of the European Union seeks to develop the public legitimacy of decisions and counteract the narrative of the «democratic deficit». It is established that the institutional policy of the Court of Justice of the European Union consists in the desire to form a single EU legal space. The positions of foreign legal researchers are revealed regarding the insufficient effectiveness of regulatory instruments of coercion to ensure compliance with standards in conditions where national legislative bodies decide to slow down institutional changes in judicial policy at the national level. The content of the contradictions between the directions of technological development of the Court of Justice of the EU and the slow implementation of innovations by the member states, in which judicial reforms have not been fully implemented or have «stepped back», is presented. The gap between the «de jure» powers of the Court of Justice of the EU and their «de facto» implementation by national entities is revealed, which is taking on the characteristics of a crisis phenomenon in the integration of the European judicial system. National precedents of politically motivated decisions regarding officials of the judicial system and supervision of legality in the member states are also considered, which demonstrate insufficient protection and autonomy of the judicial system of individual EU member states. It is emphasized that national judicial bodies face internal political pressure and depletion of resources, as a result of which the mechanism of «preliminary decisions» introduced at the EU level becomes a source of conflict. It is emphasized that the transition to a more transparent and integrated EU judicial system is a requirement of its institutional development. It is established that the further development of the EU judicial policy will be determined by balancing the possibilities of external and internal judicial enforcement. It is emphasized that the institutional aspect of the EU judicial policy is embodied in the development of generally accepted procedures and standards of judicial proceedings, as well as appeal procedures and the development of innovative judicial infrastructure. It is concluded that a clear connection of codification and other generalizing acts with the fundamental acts of the EU (in particular, with the treaties on the functioning of the EU) forms an integrated legal reality that «programs» specific responses to the requests of the national judicial systems of the member states.