The key features of European court systems

 

 

Many scholars believe that a strong and independent court system is an important part of democracy. In Europe, quite a bit of variation exists in this regard. What are the key features of European court systems? In your educated opinion, what are the strengths and weaknesses of these features?

Sample Solution

In Europe, court systems vary based on their respective countries’ legal systems. Generally, these court systems are independent of the legislative and executive branches of government and have the power to interpret laws and make binding decisions in order to uphold justice. Common features across European courts include a hierarchical structure with multiple levels of appeals from lower to higher courts, specialized divisions for specific types of cases such as criminal or civil law, trained judges with life tenure terms, open access for citizens to present their cases before the court and protection against any political interference (Forsyth).

There are several advantages that come with having an independent judicial branch in Europe. One strength is that it ensures fairness by providing citizens the ability to seek recourse if they feel they have been wronged. The judiciary is also impartial when deciding on matters since they do not answer directly to any single person or group but rather serve as interpreters of law (Starkie & Tiwari). This in turn provides greater stability , particularly over longterm periods due to reduced risk of political interference which can lead change policies at whim .Another benefit is that it allows for checks and balances between different branches – where each one has its own areas wherein its powers are limited by those governing other parts thus creating a balance within the system .

On the downside however , some criticize Europe’s judicial system for being overly complex which leads it becoming difficult both in terms understanding how proceedings take place as well as making interpretations difficult from one country jurisdiction versus another(Raveendra & Rao ). Additionally there may be concern regarding lack equality depending on socio-economic backgrounds whereby wealthier individuals may have more access resources required navigate proceedings efficiently compared poorer counterparts(Hafner et al.). Finally, there have been concerns raised about length times taken reach decision often resulting costly delays where resolution might not always be immediate.

In conclusion, while criticism exists towards European judiciaries – most scholars agree that strong independent court system important part democracy providing fairness impartiality throughout region . While complexity certain drawbacks exist along slowness taking decisions – overall strengths typically outweigh weaknesses considering variety benefits outlined here offer wider society.

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