Accusations anonymes Campagne sans précédent contre une candidate à la magistrature

Federal Judge Julia Hänni faced intense pressure from an anonymous campaign alleging academic misconduct, nearly prompting her to withdraw her candidacy for the European Court of Human Rights (ECtHR). The allegations centered on claims that parts of her doctoral thesis and habilitation were plagiarized. Despite these accusations, Hänni decided to continue with her application after the Federal Office of Justice found no evidence supporting the claims. The situation has raised concerns about the increasing politicization of judicial appointments and the potential impact on judicial independence. The campaign against Hänni began shortly before she was scheduled to be considered for a seat at the ECtHR, a body responsible for interpreting the European Convention on Human Rights. According to reports, the anonymous campaign targeted Hänni's academic integrity, spreading its reach across media outlets, universities, political circles, and government agencies. This unprecedented move has drawn attention from legal experts and observers who emphasize the rarity of such actions in the context of Swiss judicial nominations. Julia Hänni, born in 1977, has held several prominent positions in the Swiss judiciary. She became a federal judge in 2019 after completing her doctorate at the University of St. Gallen and earning multiple awards. Prior to her appointment, she worked as a court clerk at the Federal Supreme Court and later served as an assistant professor of public law at the University of Lucerne, specializing in energy law, European law, and legal philosophy. Since 2020, she has been a visiting professor at the University of St. Gallen. Her career path reflects a deep engagement with both national and international legal frameworks. Experts have noted that while informal interventions in favor of candidates during the selection process by the Parliamentary Assembly of the Council of Europe are common, an anonymous campaign targeting a candidate’s academic credentials is virtually unheard of. Regina Kiener, a specialist in the Council of Europe and judicial elections, emphasized that this case marks a new precedent in the history of Swiss participation in the ECtHR. The timing of the campaign appears suspicious, coinciding with recent controversies surrounding judicial decisions, including the controversial climate seniors ruling. The allegations against Hänni seem to be linked to her support for the climate seniors ruling, which has sparked considerable debate within Switzerland. Critics have accused her of being close to a current Swiss judge based in Strasbourg, who was involved in the decision. Some speculate that the campaign aims not just to undermine her candidacy but to intimidate her into avoiding future rulings that could be perceived as unfavorable to certain interests. This theory adds another layer of complexity to the already contentious issue of judicial independence. In addition to Hänni, other federal judges have recently come under scrutiny. Reports indicate that criticism has also been directed at a federal judge’s long-term remote work arrangement and a romantic relationship between two federal judges. These incidents suggest a broader trend of increased media attention and public scrutiny of the judiciary. The Federal Supreme Court confirmed that while isolated cases of media coverage on similar issues had occurred previously, there has been a noticeable increase in such instances over the past few months. Legal scholars have pointed out that the growing political influence on the judiciary is reshaping the landscape of judicial appointments. Helen Keller, a former judge at the ECtHR, highlighted how the role of judges is increasingly intertwined with political dynamics, making their selections more contentious. As the autumn approaches and federal judges face re-election, the pressures on them are likely to intensify. The ongoing controversy surrounding Hänni underscores the challenges faced by judges navigating both professional responsibilities and external pressures.