Associação Sindical dos Juízes Portugueses: The Court of Justice and Athena’s Dilemma

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This Insight comments on the recent judgment of the Court of Justice in Associação Sindical dos Juízes Portugueses (judgment of 27 February 2018, case C-64/16). The Court took advantage of this case to emphasise the potential of EU law to consolidate and defend the rule of law structures in the Member States. The Court discovered a justiciable rule of law clause in Art. 19, para. 1, TEU, which enshrines the principle of effective judicial protection before national courts. This provision makes the enforcement of rule of law standards vis-à-vis the Member States more straightforward as compared to the enforcement of Art. 47 of the Charter of Fundamental Rights of the EU. In the future, Art. 19, para. 1, TEU could be enforced by means of infringement proceedings under Art. 268 TFEU to counteract the undermining of judicial independence at the national level.
Original languageEnglish
JournalEuropean Papers
Volume3
Issue number1
Pages (from-to)395-407
Number of pages13
ISSN2499-8249
Publication statusPublished - 2018

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