TY - JOUR
T1 - Independence of the Court of Justice of the European Union
T2 - Unchecked Member States power after the Sharpston Affair
AU - Kochenov, Dimitry V.
AU - Butler, Graham
N1 - Publisher Copyright:
© 2022 The Authors. European Law Journal published by John Wiley & Sons Ltd.
PY - 2021/1/1
Y1 - 2021/1/1
N2 - The Court of Justice of the European Union (CJEU) is the apex of the EU legal order, and is the supreme arbiter of EU law. 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. Questions have rarely arisen, however, about judicial independence of the CJEU. 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? This article reflects on the judicial independence of the CJEU, and offers reflections on how it can be preserved in the future.
AB - The Court of Justice of the European Union (CJEU) is the apex of the EU legal order, and is the supreme arbiter of EU law. 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. Questions have rarely arisen, however, about judicial independence of the CJEU. 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? This article reflects on the judicial independence of the CJEU, and offers reflections on how it can be preserved in the future.
UR - http://www.scopus.com/inward/record.url?scp=85125231280&partnerID=8YFLogxK
U2 - 10.1111/eulj.12434
DO - 10.1111/eulj.12434
M3 - Article
AN - SCOPUS:85125231280
SN - 1351-5993
VL - 27
SP - 262
EP - 296
JO - European Law Journal
JF - European Law Journal
IS - 1-3
ER -