The European Judge’s Guarantee of Independence: A Covered Revolution of CJUE
Abstract
Following an unprecedented interpretation of article 19.1 2º TEU, the ECJ has stated the existence of a single European Judiciary. This is composed not only of members of the ECJ but also of national courts and tribunals which may be called upon to rule on questions concerning the application or interpretation of European Union Law. Since it is a single Judiciary, both national and European courts are subject to the same rules and principles, including the guarantee of independence. This guarantee of judicial independence covers the procedure for appointment to a position as judge, the task of adjudication itself (without neither internal nor external pressures) as well as the exceptional conditions that may allow the dismissal of judges.
Received: 25.05.2022
Accepted: 14.06.2022
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Last update: 08/02/2022
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