"The legislative, executive and judicial branches of government must stand up for the rule of law - now more than ever. The deterioration of the rule of law in Poland, for example, shows that things go wrong if all three state powers don't put in effort and goodwill. It is naïve to think that our rule of law is not vulnerable."

This is what Frits Bakker, chairman of the Dutch Council for the Judiciary, said in his New Year's address on 11 January 2018. Bakker noted that the three branches of government too often seem to be competitors, saying, "State powers are not just independent, they are also interdependent, they influence each other and reinforce each other, and we risk forgetting that, especially when we are poaching on each other's territory again."

Stop pointing fingers

Bakker understands that judgments can sometimes provoke frustration, but pointing fingers is not the solution.

"A little understanding of the position of the other cannot hurt," says Bakker. "Frustration does not go away by smashing everything around you, we see in Poland what happens, if the other two powers are not prepared to respect the judiciary and keep it upright."

Bakker emphasises that the judiciary must also be prepared to change, something that was lacking in Poland. He said that "Judges should sometimes be a little less careful and should not always think that the law is cast in concrete. There may be room for interpretation and we have to look at that a little more often."

'In the same boat'

It is not the first time that Bakker relates worrisome international developments to the rule of law in the Netherlands. At the end of last year, he called for vigilance during the International Day for the Judiciary.

In order to stimulate the conversation between state powers, the judiciary, together with the Supreme Court and the Council of State, is organising the Triassic Conference this year, which representatives of all three state powers will attend.

Bakker says of the conference: "We want to know what we can do separately and together to keep the rule of law strong. The three state powers are in the same boat called the rule of law. Luckily in the Netherlands that boat is a battleship, but battleships also sink unless they are defended in unison."