The paper presents an original normative typology of the possible relationships between the judiciary and elected politicians, drawing on US legal history and Western European experience. This is then used to gauge the path taken by judiciaries in post-Communist Central and Eastern Europe. It is revealed that most checks and balances over the judiciary formerly wielded by the elected branches have been abolished; creating, in theory, fertile ground for judicialization of politics, a phenomenon well-documented in the West. If allowed to ripen, it may well exacerbate the democratic deficit, both in the EU and domestically. This outcome derives from a combination of domestic motives and external pressures, especially EU accession conditionality.
