The CCJE was asked by the Council of Europe’s Committee of Ministers to prepare an opinion on freedom of expression of judges, which was published earlier this month.

“In situations where democracy, the separation of powers or the rule of law are under threat, judges must be resilient and have a duty to speak out in defence of judicial independence, the constitutional order and the restoration of democracy, both at national and international level,” the opinion states.

“This includes views and opinions on issues that are politically sensitive and extends to both internal and external independence of individual judges and the judiciary in general. Judges who speak on behalf of a judicial council, judicial association or other representative body of the judiciary enjoy a wider discretion in this respect.”

It also recommends that rules setting out “the extent of judges’ freedom of expression or any limitations on its exercise” should be drawn up “by judges themselves or their judicial associations”.