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Effective Judicial Protection as an Institutional Obligation of the EU Member States. The New Interpretation of Article 19, para. 1, TEU and the Aspect of Judicial Independence

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La protection juridictionnelle effective
en tant qu’obligation institutionnelle
des Etats membres de l’Union européenne.
La nouvelle interprétation de l’article 19, para. 1, TUE
et l’aspect de l’indépendance judiciaire

Nikolaos K. Markopoulos

Maître de requêtes au Conseil d’Etat Hellénique

This article aims to highlight the way through which the weaving of a value and two legal concepts in the loom of Articles 2 and 19 of the Treaty on European Union (‘TUE’) by the Court of Justice of the European Union has produced a new institutional obligation of Member States and a new legal formula, in order to ensure the integrity and the application of the rule of law within the Union, alongside other rather political processes such as Article 7 TUE. These include the value of the rule of law, referred to in Article 2 TUE, and the concepts of a) effective judicial protection under Article 19 TUE and enshrined in Article 47 of the Charter of Fundamental Rights of the European Union and b) judicial independence, as a more specific aspect of the latter, enshrined also in Article 47 of the Charter. The new institutional obligation, deriving from Article 19 (1) TUE, places judicial independence at the heart of the rule of law, while setting limits on the Member States’ discretion in the organization of their judicial systems.

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