European Rule of Law in National Judiciaries - On the obligation of Member States to establish an independent judiciary

Abstract

The topic of this paper is the obligation of EU Member States to establish and uphold an independent national judiciary under Article 19(1) TEU, as developed in recent case law by the ECJ in an attempt to combat rule of law-backsliding. The paper seeks to investigate the background, analyse the requirements and threshold and discuss some of the implications of this case law.