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In courts we trust, or should we? Judicial independence as the precondition for the effectiveness of EU law
Editors
Title / Series / Name
European Law Journal
Publication Volume
27
Publication Issue
1-3
Pages
Authors
Editors
Keywords
URI
http://hdl.handle.net/20.500.14018/13799
Abstract
The present article argues that the EU possesses an arsenal of tools to address dissuasively rule of law problems in the Member States. This shows the double nature of the EU's separation of powers problem. Whereas some states suffer from rule of law decline and a lack of limitation of governmental powers, there is a risk of the crumbling of separation of powers at the EU level, too, where institutions fail to adequately address rule of law violations. Against the EU institutions' lack of forceful action towards rule of law backsliding, domestic courts try to protect judicial independence increasingly via preliminary references. Also, they attempt preventing the proliferation of the consequences of rule of law decline via judicial cooperation in the mutual trust/mutual recognition domain. This article explores to what extent preliminary rulings can make up for the failure to use adequate EU tools of rule of law enforcement.
Topic
Publisher
Place of Publication
Type
Journal article
Date
2021
Language
ISBN
Identifiers
10.1111/eulj.12425