Europe’s justice systems are in crisis, facing chronic underfunding that is leading to crumbling infrastructure, growing case backlogs, and eroding trust in the rule of law, senior lawyers warn. In countries across the continent, from Brussels to London, judicial systems are buckling under the weight of underinvestment, threatening to undermine democratic institutions and the foundations of cross-border trade.
The situation has worsened over the past decade as European governments, grappling with economic struggles, a global pandemic, and the fallout from war, have repeatedly targeted the judiciary for spending cuts. Justice, often seen as less “sexy” than healthcare or education in electoral terms, has suffered the consequences of these fiscal decisions.
From sewage leaks in Brussels’ historic Palais de Justice to strikes by judicial clerks in Lisbon, Europe’s courts are showing signs of serious decay. The result is a dramatic increase in case backlogs, with some criminal trials delayed for years. In the UK, for example, a defendant charged with threatening the public with a machete was told his trial wouldn’t take place until 2028, a shocking example of the severe delays plaguing the system.
Routine civil cases are also languishing in courtrooms across Europe. In Monaco, a divorce case took an average of 1,292 days to resolve in 2022, and in Greece, Italy, and Albania, criminal and civil case backlogs have reached record highs. The Council of Europe’s latest report revealed that the average budget allocated to judicial systems across its 46 member states was a mere 0.31% of GDP in 2022 — a drop from 0.33% in 2018. This lack of investment has failed to keep pace with inflation, exacerbating the crisis.
Pierre-Dominique Schupp, president of the Council of Bars and Law Societies of Europe, highlighted the political challenges in addressing these issues, noting that justice has been deprioritized by many European governments. “From an electoral point of view, justice is not so sexy,” he said.
However, the situation has reached a tipping point. Lawyers and legal experts argue that these underfunding practices are now actively undermining the rule of law — a critical pillar of European governance. Marc van der Woude, president of the General Court of the European Union, stressed that the rule of law is increasingly seen as an inconvenience by politicians. “Suppressing it is often a means to get elected,” he said.
The consequences of this decay are already being felt in high-profile legal cases. The UK’s Post Office Horizon IT scandal, in which hundreds of postmasters were wrongfully convicted based on faulty computer evidence, exposed the dangers of an overburdened legal system that cannot provide timely justice. The scandal led the UK government to enact unprecedented legislation to expunge the wrongful convictions, but it also served as a stark reminder of the risks posed by a failing judicial system.
While many countries struggle with slow-moving cases, other nations like Denmark and Norway remain relatively successful in providing effective and accessible justice. However, as the crisis deepens across Europe, the public’s faith in the judicial system continues to erode.
Technology, once seen as a potential solution, has not yet been fully harnessed. While some countries have made strides in digitizing their systems, many justice systems still rely on outdated processes. Richard Susskind, a legal technology specialist, pointed out that despite advancements in other sectors, the legal system remains bogged down by inefficiency. “Many proceedings are too costly, too time-consuming, and too combative,” he said, adding that fundamental change requires extensive legislative and regulatory shifts.
In the face of growing frustration, calls for increased funding and reforms are mounting. Věra Jourová, former European Commission vice president overseeing the rule of law, emphasized that proper funding of justice systems is essential for maintaining public confidence, especially in an era of rising threats to democracy. “Justice is not a luxury,” Jourová said in a final public appearance as commissioner. “It is something we need like air and clean water.”
