Challenges to Judicial Independence and Reform Prospects in Portugal

di Ana F. Neves

SOMMARIO: 1. Introduction. – 2. Data and diagnosis of judicial independence in Portugal. – 3. The legal framework for judicial independence and its flaws. – 4. The need for cross-cutting reform of a judicial system embedded in multiple conflicts of interest. – 5. Conclusion.

Over the past decade, some EU Member States have faced challenges to judicial independence and there have been significant developments in legal standards driven by European case law. Such challenges result from the enactment of laws that have deliberately sought to undermine judicial independence, accompanied by institutional changes involving key players within the judicial structure itself. In contrast, the issue of insufficient judicial independence in Portugal has evolved through a subtle trajectory rooted in systemic and mutually reinforcing factors. This situation reflects institutional anomie concerning judicial independence, thereby undermines the prospects for significant reform. The result is a judicial system that is ineffective and unreliable, even for members of the judiciary.