“The European Court of Justice is behind a recent and genuine enhancement of European constitutionalism, placing the rule of law, a long-established value and principle of EU law, at the center stage. This rule of law-enhancing process of re-articulation of EU constitutionalism is ongoing and represents the Court of Justice’s incrementalist response to the process of rule of law backsliding which first emerged in Hungary before spreading to Poland,” Laurent Pech, Senior Research Fellow of our Rule of Law Workgroup and Head of the Law and Politics Department at Middlesex University London and Dimitry Kochenov, lead researcher of our Rule of Law Workgroup write in their forthcoming SIEPS report.
The paper is aimed at presenting and critically analyzing the judicial response on a case-by-case basis taking the Court’s judgment in Case C-64/16, ASJP (Portuguese Judges) as a departure point and its judgment in Case C-896/19, Repubblika (Maltese Judges) as a provisional end point. The casebook-style volume offers key excerpts and a critical assessment of the Court of Justice’s most important orders and judgments which have reshaped the meaning and scope of the EU rule of law principle and associated legal obligations since 2018.
Download the paper here.