The CJEU in the Celmer case: One Step Forward, Two Steps Back for Upholding the Rule of Law Within the EU

oleh: Wouter van Ballegooij, Petra Bárd

Format: Article
Diterbitkan: Max Steinbeis Verfassungsblog GmbH

Deskripsi

<p>Surrender cases are litmus tests for the EU’s approach towards the enforcement of the rule of law in the Member States. Without judicial independence and other elements of the rule of law concept, EU law will cease to be operational, whether in the context of the single market or outside of it. Aranyosi and LM are the beginning of a long journey. In a more general sense, these cases demonstrate that ultimately – as in all incomplete constitutional systems – it is the courts which play a crucial role in carving out and applying rule of law and fundamental rights exceptions.</p>