Embedding Strategies of the European Apex Courts: Why Court Communication with All Segments of Society Matters

Abstract In this Article I suggest that, due to the changing nature of the polarization of Western societies, another important factor should be taken into account in assessing the relationship between public trust in the judiciary and judicial independence, namely court communication with various segments of the society, including the ordinary people. More specifically, my key argument is two-fold. First, we live in the disinformation age and apex courts can easily be portrayed as detached from the ordinary people. This endangers their social embeddedness, which in turn might increase the likelihood of the acceptance of court-curbing. Second, apex courts should proactively respond to this challenge by adopting embedding strategies aimed at all segments of society, and not just the elites. I identify four such strategies: (1) The media strategy; (2) proactive engagement with the precariat via “reaching out” activities such as social events and holding hearings outside the courts’ seats; (3) minimalization of controversial off-the-bench activities of judges; and (4) self-awareness and avoidance of structural judicial bias. Finally, I discuss the risks and limits which courts and judges face when they engage in these embedding strategies.