Respect for the Rule of Law in the Case Law of the European Court of Justice: A Casebook Overview of Key Judgments since the Portuguese Judges Case

Abstract

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 centre 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. This volume aims to present and critically analyse this 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. By offering 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, this casebook-style volume will be of interest to those wishing to gain an expert understanding of the importance and the added value of the Court’s orders and judgments, both taken individually and as a whole.

Keywords: Rule of Law, EU Law, CJEU, Portuguese Judges, Poland, Hungary, backsliding, Repubblika, non-regression