Judicial independence is an institutional requirement for all OSCE participating States. This requirement is at the forefront of the organization's rule-of-law-related commitments. Only an independent judiciary can adjudicate cases in a just manner, respecting the rights of accused persons to a fair trial. Judicial independence is one of the hallmarks of a state that respects the concept of the separation of powers (which is itself a hallmark of a genuine democracy).

The focus of ODIHR Rule of Law will be concentrated on countries that face the greatest challenges regarding the issue of judicial independence in the OSCE area. Systemic problems are reported to exist regarding access to the profession of judge, the election and appointment of judges, and continuous legal education (or the lack thereof).

In 2009-2010, in collaboration with the Heidelberg-based Max-Planck Institute, ODIHR Rule of Law will assess the state of judicial independence in participating States and - based on the assessment reports and their analysis - plan and carry out targeted follow-up activities.