DTA

Digital Theses Archive

 

Tesi etd-11042019-233835

Type of thesis
Corsi integrativi di II livello
Author
COLI, MARTINA
URN
etd-11042019-233835
Title
"Judges Rescuing Judges? The Notion of Judicial Independence in the Case Law of the Court of Justice of the EU"
Structure
Cl. Sc. Sociali - Scienze Politiche
Course
SCIENZE POLITICHE - Relazioni internazionali e Studi europei (LM 52/LM90)- Universita di Firenze
Committee
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
Keywords
  • mutual trust
  • *Associação Sindical*
  • Article 19 TEU
  • Article 267 TFEU
  • Article 47 CFR
  • CJEU
  • Hungary
  • judicial independence
  • Poland
  • preliminary reference procedure
  • rule of law
Exam session start date
;
Availability
parziale
Abstract
According to the Court of Justice of the EU, Member States have a duty<br>under EU law to ensure the independence of their domestic courts that may<br>rule on questions of Union law. That obligation was introduced in the<br>seminal judgment *Associação Sindical*, while for the previous years the<br>Court had treated judicial independence as a criterion to admit references<br>for a preliminary ruling from national courts for the purposes of Article<br>267 TFEU. Through the interpretative efforts of the Court of Justice, the<br>principle of judicial independence has become an autonomous concept of<br>Union law. It has developed from a formal requirement into a functional<br>concept for ensuring the effectiveness of EU law, thanks to the thigh<br>relation that it shares with the rule of law and mutual trust. Yet,<br>sometimes that overarching aim was reached at the expense of national<br>competences and procedural autonomy. In this respect, the above<br>transformation represents one of the most recent examples of integration<br>through law.<br><br>The goal of this work is to trace the evolution of the principle of<br>judicial independence throughout the case-law of the Court of Justice. It<br>is submitted that the Court offered an *ad hoc* reading of that concept in<br>order to provide solutions to concrete cases, in particular, to enhance the<br>enforcement instruments to protect the rule of law and, in the end,<br>safeguard mutual trust in the EU legal order. It is indeed under the double<br>light of the Union’s lack of enforcement of values and the risk of<br>jeopardising mutual trust that judicial activism has to be understood.<br><br>The Court developed a complex and important framework that, however,<br>sometimes lacks coherence. Several gaps can indeed be identified, which may<br>in the future complicate the situation for the Court and pave the way to<br>jurisprudential adjustments.<br><br>Against this background, this work contributes to the understanding of the<br>CJEU’s case law on judicial independence by: retracing the evolution of the<br>case law and the criteria developed to define judicial independence;<br>recognizing the driving forces the behind that development; identifying the<br>unresolved issues and envisaging some future perspectives.
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