THE MEANING OF NATIONAL COURT IN ARTICLE 267 TFEU AND THE IMPORTANCE OF THE COURT’S INDEPENDENCE
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
The notion of “court or tribunal of a Member State” in Article 267 of the Treaty on the Functioning of the European Union has been given an autonomous meaning by the Court of Justice of the European Union (CJEU), resulting from its rich case-law of preliminary rulings. One of the recent developments in the analysis of this notion concerns the importance of the independence of the judiciary, as an element of the rule of law, one of the key values of the European Union. The study presents the requirements a judicial body must fulfil in order to be allowed to request a preliminary ruling, with emphasis on the criterion of independence and focus on the latest jurisprudence. The goal is to draw conclusions on the effect that measures adopted by the European Union’s institutions for the protection of the rule of law in some Member States might have on CJEU’s jurisdiction to accept requests for preliminary rulings from the courts of the Member States in question
Authors and Affiliations
Iuliana-Mădălina LARION
Keywords
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