The trade union association of portuguese judges as an antecamber for the TJUE intervention in the crisis of the rule of law in the European Union

Abstract

Judicial independence plays an indisputable role regarding rule of law, as demonstrated by European Court of Justice in judgment Associação Sindical de Juízes Portugueses, which declared it as primary law obligation that needs to be respected by all national courts which may apply or interpret European Union law since, in the light of the second subparagraph of Article 19(1) of the Treaty on European Union, they form part of the system of national remedies to ensure effective judicial protection in the fields covered by EU law. The current European context is highlighted by legislative reforms of national judicial system, which undermine the principles of judicial independence and mutual trust, and raise the rule of law crisis’ idea, claiming for an European Union intervention. Therefore, the Portuguese judges’ case was an opportunity for the European Court of Justice to protect the rule of law. This case-law emerged as an antechamber for its interventions on national legislation regarding judicial organization, which was an internal matter, and it encourages the European Commission initiative, as occurred recently in the Polish case and could be repeated in similar cases of judicial independence breach.