Rule of law, independence of the judiciary and primacy of EU law


In its landmark decision Associação Sindical dos Juízes Portugueses, the Court of Justice of the European Union (CJEU) held that Article 19(1), second paragraph TEU, entails an obligation for Member States to ensure that national courts adjudicating in the fields covered by EU law meet the requirement of effective judicial protection, including, in particular, that of independence. Following this decision, many cases have been brought before the CJEU, on certain reforms of national judicial systems and their compliance with the principle of judicial independence enshrined in Article 19(1) TEU and in Article 47 of the Charter of Fundamental Rights of the European Union (the Charter).

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