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Revisiting the Rule of Law in the European Context: The CJEU’s Recent Narrative in the Limelight

Language
English
Pages
35
2018 / 1
Digital Edition

Revisiting the Rule of Law in the European Context:
The CJEU’s Recent Narrative in the Limelight

Georgia Kelepouri

Ph.D. candidate in EU law at the National and Kapodistrian University of Athens

The paper explores how the rule of law principle is recently employed in the courtrooms of the European Court of Justice. The recent cases ASJP, LM, Achmea and Commission v. Poland are instructive examples of how the Court endeavors to be involved in the rule of law crisis. The Court wishes to be considered as an ultimate resort against illiberal concerns. What is the most essential is that one can identify a slight shift in the elaboration of this constitutional principle. The rule of law principle is reconceptualized from its initial, intra-EU viewpoint to a broader, extra-EU formulation that results in accommodating national worries.

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