The Jurisdictional Guarantee of the Rule of Law in the European Union. Where to Go Next?

Chair: Prof. Daniele Gallo (Luiss Guido Carli)

Abstract

Since 2019 the ECJ is engaged in a vast and complex saga of litigation on judicial independence that is stretching to other EU values and the rule of law. Does the jurisdiction of the Court have (or should have) any limits? Shall any procedural avenues in Luxembourg courts be preferred over others? Are we moving towards a harmonization of judicial organization standards or is this a case law based on minimal standards? How does this case law reflect on the discussion on the independence of the ECJ itself? And finally, what can be learnt from the cases already adjudicated in the field of judicial independence, having in mind pending cases concerning other ‘values’ of Article 2 TEU? These are still open questions. Case law however gives us already some hints for answers that point towards a significant recalibration of the role of EU law (and that of its highest court) in the European constitutional space.

About the Speaker

Sara Iglesias is Professor of EU Law at the Administrative Law Department of the Universidad Complutense of Madrid. She is in-depth Editor at EU Law Live and managing editor of the Revista General de Derecho Europeo. She has been référendaire at the ECJ at the chambers of Advocates General Bobek and Cruz Villalón and has worked for the ECJ's research and documentation directorate. She holds aLL.M. by the Yale Law School, a PhD by the U. Complutense and a B.A. in Political Science by the UNED. She has been visiting scholar at the University of Luxembourg, at the MPIL Heidelberg, at the Radboud University in the Netherlands and the Center of Research and Studies of the Hague Academy of International law. Her latest publications include Fundamental Rights in the EU Area of Freedom, Security and Justice (CUP, 2022, ed. with M. González Pascual) and The Principle of State Liability for Damages Caused to Individuals in EU Law (Aranzadi/Thomson- Reuters, 2022).