Judicial Independence, Rule of Law Backsliding and EU Member States' Obligations
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Abstract
The Court of Justice interpreted the Member States' obligation to ensure effective judicial protection before national courts extensively, finding that they must ensure the independence of national courts whose jurisdiction may potentially involve the interpretation and application of EU law. The importance of the "Associação Sindical dos Juízes Portugueses" judgment can hardly be overestimated in the context of rule of law backsliding in some Member States.
Keywords
- Effective Judicial Protection
- Scope of Application
- Judicial Independence
- Rule of Law
- Infringement Proceedings
- Mutual Recognition
