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Dimitry Kochenov, Graham Butler: Independence of the Court of Justice of the European Union: Unchecked Member States Power after the Sharpston Affair

Questions have rarely arisen about the judicial independence of the Court of Justice of the European Union (CJEU), Dimitry Kochenov, lead researcher of our Rule of Law Workgroup and Graham Butler (Aarhus University) write in their article in European Law Journal.

The CJEU “is the apex of the EU legal order, and is the supreme arbiter of EU law,” they write, adding that “for decades, it has delivered judgments, collectively shaping European integration and ‘integration through law’. It has undoubtedly been an authoritative leader in entrenching a European judicial culture, and has benefited from the cardinal principle of judicial independence enshrined in the EU Treaties, which in turn, it has insisted on being upheld as regards national courts.”

As they argue, “the Sharpston Affair of 2020–2021 opened the door to questioning such judicial independence. Is the CJEU at the mercy of the Member States? If so, what are the consequences for the EU legal order?”

The article reflects on “the judicial independence of the CJEU, and offers reflections on how it can be preserved in the future.”

Read the full article here.

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