Tesi etd-11042019-233835
Link copiato negli appunti
Tipo di tesi
Corsi integrativi di II livello
Autore
COLI, MARTINA
URN
etd-11042019-233835
Titolo
"Judges Rescuing Judges? The Notion of Judicial Independence in the Case
Law of the Court of Justice of the EU"
Struttura
Cl. Sc. Sociali - Scienze Politiche
Corso di studi
SCIENZE POLITICHE - Relazioni internazionali e Studi europei (LM 52/LM90)- Universita di Firenze
Commissione
Tutor Prof.ssa CRISTIANI, ELOISA
Relatore Prof. MARTINICO, GIUSEPPE
Membro Prof.ssa LORETONI, ANNA
Presidente HENRY, BARBARA
Membro Prof. PIRNI, ALBERTO EUGENIO ERMENEGILDO
Membro Prof. DE GUTTRY, ANDREAS M.T.
Membro Prof. NATALI, DAVID
Membro Prof. STRAZZARI, FRANCESCO
Membro Dott.ssa ALABRESE, MARIAGRAZIA
Membro Dott. SOMMARIO, EMANUELE GIUSEPPE
Membro Dott.ssa CAPONE, FRANCESCA
Relatore Prof. MARTINICO, GIUSEPPE
Membro Prof.ssa LORETONI, ANNA
Presidente HENRY, BARBARA
Membro Prof. PIRNI, ALBERTO EUGENIO ERMENEGILDO
Membro Prof. DE GUTTRY, ANDREAS M.T.
Membro Prof. NATALI, DAVID
Membro Prof. STRAZZARI, FRANCESCO
Membro Dott.ssa ALABRESE, MARIAGRAZIA
Membro Dott. SOMMARIO, EMANUELE GIUSEPPE
Membro Dott.ssa CAPONE, FRANCESCA
Parole chiave
- *Associação Sindical*
- Article 19 TEU
- Article 267 TFEU
- Article 47 CFR
- CJEU
- Hungary
- judicial independence
- mutual trust
- Poland
- preliminary reference procedure
- rule of law
Data inizio appello
11/12/2019;
Disponibilità
completa
Riassunto analitico
According to the Court of Justice of the EU, Member States have a duty
under EU law to ensure the independence of their domestic courts that may
rule on questions of Union law. That obligation was introduced in the
seminal judgment *Associação Sindical*, while for the previous years the
Court had treated judicial independence as a criterion to admit references
for a preliminary ruling from national courts for the purposes of Article
267 TFEU. Through the interpretative efforts of the Court of Justice, the
principle of judicial independence has become an autonomous concept of
Union law. It has developed from a formal requirement into a functional
concept for ensuring the effectiveness of EU law, thanks to the thigh
relation that it shares with the rule of law and mutual trust. Yet,
sometimes that overarching aim was reached at the expense of national
competences and procedural autonomy. In this respect, the above
transformation represents one of the most recent examples of integration
through law.
The goal of this work is to trace the evolution of the principle of
judicial independence throughout the case-law of the Court of Justice. It
is submitted that the Court offered an *ad hoc* reading of that concept in
order to provide solutions to concrete cases, in particular, to enhance the
enforcement instruments to protect the rule of law and, in the end,
safeguard mutual trust in the EU legal order. It is indeed under the double
light of the Union’s lack of enforcement of values and the risk of
jeopardising mutual trust that judicial activism has to be understood.
The Court developed a complex and important framework that, however,
sometimes lacks coherence. Several gaps can indeed be identified, which may
in the future complicate the situation for the Court and pave the way to
jurisprudential adjustments.
Against this background, this work contributes to the understanding of the
CJEU’s case law on judicial independence by: retracing the evolution of the
case law and the criteria developed to define judicial independence;
recognizing the driving forces the behind that development; identifying the
unresolved issues and envisaging some future perspectives.
under EU law to ensure the independence of their domestic courts that may
rule on questions of Union law. That obligation was introduced in the
seminal judgment *Associação Sindical*, while for the previous years the
Court had treated judicial independence as a criterion to admit references
for a preliminary ruling from national courts for the purposes of Article
267 TFEU. Through the interpretative efforts of the Court of Justice, the
principle of judicial independence has become an autonomous concept of
Union law. It has developed from a formal requirement into a functional
concept for ensuring the effectiveness of EU law, thanks to the thigh
relation that it shares with the rule of law and mutual trust. Yet,
sometimes that overarching aim was reached at the expense of national
competences and procedural autonomy. In this respect, the above
transformation represents one of the most recent examples of integration
through law.
The goal of this work is to trace the evolution of the principle of
judicial independence throughout the case-law of the Court of Justice. It
is submitted that the Court offered an *ad hoc* reading of that concept in
order to provide solutions to concrete cases, in particular, to enhance the
enforcement instruments to protect the rule of law and, in the end,
safeguard mutual trust in the EU legal order. It is indeed under the double
light of the Union’s lack of enforcement of values and the risk of
jeopardising mutual trust that judicial activism has to be understood.
The Court developed a complex and important framework that, however,
sometimes lacks coherence. Several gaps can indeed be identified, which may
in the future complicate the situation for the Court and pave the way to
jurisprudential adjustments.
Against this background, this work contributes to the understanding of the
CJEU’s case law on judicial independence by: retracing the evolution of the
case law and the criteria developed to define judicial independence;
recognizing the driving forces the behind that development; identifying the
unresolved issues and envisaging some future perspectives.
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