Survey shows 'alarming' threats to rule of law
Pressures on the judiciary are mounting, threatening the European legal order, a new survey states.
The research, for the European Network of Councils for the Judiciary (ENCJ), includes specific conclusions regarding Ukraine and Moldova, covered in the survey for the first time.
The ENCJ, established in 2004, is a union of national institutions from EU member states that are independent of the executive and legislature and responsible for supporting the judiciary.
Its mission is to promote and protect the rule of law and help defend the independence of the judiciary through mutual learning and cooperation.
The ENCJ comprises 23 members and 17 observers.
The fifth iteration of this survey (the first was in 2015) aimed to give judges a voice and identify areas for improvement.
Its scale covered 32 judiciaries across 30 countries, involving 19,136 judges.
The survey covers independence (autonomy of decision-making) and authority (implementation of those decisions).
Decline
The survey highlights a slight decline in perceived independence and growing friction between the judiciary and other branches of government.
The average score for the independence of judges across Europe dropped slightly from 8.7 in 2022 to 8.5 in 2025 (on a 0–10 scale).
Only 24% of judges strongly agree that judgments going against the government's interests are usually implemented (up slightly from 20% in 2022).
About 74% of judges believe corruption occurs "very rarely", but only 8% agree that it is effectively addressed by judicial authorities.
Just 6% of judges believe cases were allocated inappropriately to influence outcomes.
19% of judges felt their decisions were affected by traditional media, while 12% felt influenced by social media.
And 16% of judges reported inappropriate pressure from court management to meet production targets (number of cases).
Working conditions
Judges increasingly report that poor working conditions negatively impact their independence:
- Pay and pensions: 21% (up from 17% in 2022),
- Caseload: 27% (up from 22% in 2022),
- Court resources: 27% (up from 22% in 2022).
The 2025 results are particularly significant for Ukraine given the ongoing conflict and its EU candidacy status.
The survey included responses from 431 Ukrainian judges – a level of participation the ENCJ called "highly commendable".
Outcomes are generally within EU boundaries, despite the war, the survey reports.
Judges in Ukraine face a "very difficult environment" due to the war, but also from government and media pressures.
Disciplinary actions against judges remain a point of concern.
Improvement is required in the implementation of judgments and the funding of the judiciary as a whole.
Conclusions
While European judges remain generally positive about their independence, the ENCJ warns that tensions between state powers are increasing.
The survey concludes that failure of governments to implement judicial decisions and the deteriorating working conditions (specifically caseloads and lack of resources) are seen as the primary threats to the rule of law in Europe today.