Case Note: Anything New under the Sun? An Exercise in Defence of the Reasoning of the CJEU in the ASJP Case

Abstract

Since 2018, in a new line of cases the Court of Justice of the European Union (CJEU or the Court) was asked to interpret the principle of judicial independence in light of the value of the rule of law. This line of cases has a constitutional relevance in the architecture of the European Union (EU) legal order. In fact, it touches upon different constitutional principles related to the EU judicial system, such as: the principle of effective judicial protection of individual rights, the principle of judicial independence, and the principle of national procedural autonomy. Moreover, the inherent link between effective judicial review and the rule of law value has been underlined by the very same Court: effective judicial review has been deemed as the ‘essence of the rule of law’.