Judicial independence in the case-law of the Court of Justice of the European Union

Authors

  • Daniel Sarmiento Ramírez-Escudero Universidad Complutense de Madrid
  • Enrique Arnaldos Orts Universidad Carlos III de Madrid

DOI:

https://doi.org/10.18042/cepc/rep.198.05

Abstract

The purpose of this paper is to analyze the concept of judicial independence in the case-law of the Court of Justice of the European Union, by examining firstly its general definition and considering its anatomy on the basis of its two main manifestations: its status as a necessary quality for a court or tribunal of a Member state to be considered as such with regard to preliminary rulings and its nature as a sine qua non requisite of the Rule of Law. Likewise, some considerations are made on the consequences of such configuration within the Union’s own legal system, as well as its interaction with other standards of judicial independence that dialogue with the Community standard.

Published

2022-12-28

Issue

Section

ARTICLES