Opposition and resistance: how judges and professional associations in Poland, Hungary, and Romania defend their independence

Abstract

This article investigates how governmental measures aimed at dismantling core liberal democracy principles prompt judges and their professional associations to action. In what ways do they express dissent, if any? Drawing on the cases of Hungary, Romania and Poland, the article shows that the dismantling of core pillars of liberal democracy prompts judges and their professional associations to go beyond judicial dialogue to express forms of opposition and resistance. When the expression of dissent is allowed, judges resort to opposition. When the expression of dissent is limited, judges resort to resistance. Both opposition and resistance can take different forms, conceptualized and illustrated in this article.

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