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Rule of law

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101 records in EU

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Records

Record· CJCELEX 62022CJ0225decided

Judgment of the Court (Fourth Chamber) of 4 September 2025.#'R' S.A. v AW 'T” sp. z o.o.'.#Request for a preliminary ruling from the Sąd Apelacyjny w Krakowie.#Reference for a preliminary ruling – Rule of law – Independence of judges – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – National legislation and case-law prohibiting national courts from calling into question the legitimacy of constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges of those courts or bodies – Verification, by a lower court, of compliance by a higher court with requirements relating to the guarantee of an independent and impartial tribunal previously established by law – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Body that does not constitute an independent and impartial tribunal previously established by law – Primacy of EU law – Possibility of declaring a judicial decision to be null and void.#Case C-225/22.

European Union · Court of Justice of the European Union · 4 September 2025

Record· CJCELEX 62022CJ0225_RESdecided

Judgment of the Court (Fourth Chamber) of 4 September 2025.#„R” S.A. v AW „T” sp. z o.o.#Reference for a preliminary ruling – Rule of law – Independence of judges – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – National legislation and case-law prohibiting national courts from calling into question the legitimacy of constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges of those courts or bodies – Verification, by a lower court, of compliance by a higher court with requirements relating to the guarantee of an independent and impartial tribunal previously established by law – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Body that does not constitute an independent and impartial tribunal previously established by law – Primacy of EU law – Possibility of declaring a judicial decision to be null and void.#Case C-225/22.

European Union · Court of Justice of the European Union · 4 September 2025

Record· CJCELEX 62023CJ0422_SUMdecided

Judgment of the Court (Second Chamber) of 1 August 2025.#T.B. and Others v T. S.A. and Others.#References for a preliminary ruling – Rule of law – Effective judicial protection in areas covered by EU law – Article 19(1), second subparagraph, TEU – Principles of the irremovability and independence of judges – Unconsented appointment of a judge of a supreme court to sit, for a fixed term, in another chamber of that court – Primacy of EU law – Public procurement – Directive 2004/17/EC – Public procurement procedures – Application to an agreement transferring ownership rights relating to green electricity certificates – Directive 92/13/EEC – Article 2d(1) – Review procedures in public procurement – Contract having no legal effect – Contracting entity seeking the annulment of a contract concluded in breach of public procurement rules – Abuse of rights – None.#Joined Cases C-422/23, C-455/23, C-459/23 and C-486/23.

European Union · Court of Justice of the European Union · 1 August 2025

Record· CJCELEX 62023CJ0422decided

Judgment of the Court (Second Chamber) of 1 August 2025.#T.B. and Others v T. S.A. and Others.#Requests for a preliminary ruling from the Sąd Najwyższy.#References for a preliminary ruling – Rule of law – Effective judicial protection in areas covered by EU law – Article 19(1), second subparagraph, TEU – Principles of the irremovability and independence of judges – Unconsented appointment of a judge of a supreme court to sit, for a fixed term, in another chamber of that court – Primacy of EU law – Public procurement – Directive 2004/17/EC – Public procurement procedures – Application to an agreement transferring ownership rights relating to green electricity certificates – Directive 92/13/EEC – Article 2d(1) – Review procedures in public procurement – Contract having no legal effect – Contracting entity seeking the annulment of a contract concluded in breach of public procurement rules – Abuse of rights – None.#Joined Cases C-422/23, C-455/23, C-459/23 and C-486/23.

European Union · Court of Justice of the European Union · 1 August 2025

Question· QUESTION_WRITTENE-10-2025-003004answered

Rule of law in Albania

European Union · European Parliament · 18 July 2025

Question· QUESTION_WRITTENE-10-2025-002961answered

Rule of law in Poland

European Union · European Parliament · 17 July 2025

Record· CJCELEX 62024CJ0326_SUMdecided

Judgment of the Court (Fifth Chamber) of 3 July 2025.#Grodno Azot AAT and Khimvolokno Plant v Council of the European Union.#Appeal – Restrictive measures taken in view of the situation in Belarus as regards democracy, the rule of law and human rights – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance on those lists of Belarusian undertakings almost wholly owned by the State – Listing criterion related to ‘support to the Lukashenko regime’ – Obligation imposed on certain Belarusian undertakings owned or controlled by the State to pay part of their profits to the State pursuant to a mandatory State measure.#Case C-326/24 P.

European Union · Court of Justice of the European Union · 3 July 2025

Record· CJCELEX 62024CJ0326decided

Judgment of the Court (Fifth Chamber) of 3 July 2025.#Grodno Azot AAT and Khimvolokno Plant v Council of the European Union.#Appeal – Restrictive measures taken in view of the situation in Belarus as regards democracy, the rule of law and human rights – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance on those lists of Belarusian undertakings almost wholly owned by the State – Listing criterion related to ‘support to the Lukashenko regime’ – Obligation imposed on certain Belarusian undertakings owned or controlled by the State to pay part of their profits to the State pursuant to a mandatory State measure.#Case C-326/24 P.

European Union · Court of Justice of the European Union · 3 July 2025

Record· CJCELEX 62023CJ0646decided

Judgment of the Court (Fourth Chamber) of 3 July 2025.#Criminal proceedings against P.B. and R.S.#Requests for a preliminary ruling from the Wojskowy Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – Rule of law – Independence of the judiciary – Second subparagraph of Article 19(1) TEU – Effective judicial protection in areas covered by EU law – Principle of irremovability of judges – Military judge found unfit for professional military service – National legislation requiring the early retirement of that judge.#Joined Cases C-646/23 and C-661/23.

European Union · Court of Justice of the European Union · 3 July 2025

Record· CJCELEX 62023CJ0646_RESdecided

Judgment of the Court (Fourth Chamber) of 3 July 2025.#Criminal proceedings against P.B. and R.S.#Reference for a preliminary ruling – Rule of law – Independence of the judiciary – Second subparagraph of Article 19(1) TEU – Effective judicial protection in areas covered by Union law – Principle of irremovability of judges – Military judge found unfit for professional military service – National legislation requiring the early retirement of that judge.#Joined Cases C-646/23 and C-661/23.

European Union · Court of Justice of the European Union · 3 July 2025

Record· TJCELEX 62023TJ0342_INFdecided

Judgment of the General Court (Third Chamber) of 11 June 2025.#Aquind Ltd v European Union Agency for the Cooperation of Energy Regulators.#Non-contractual liability – Energy – Proposed electricity interconnector connecting the electricity transmission systems in the United Kingdom and France – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-342/23.

European Union · Court of Justice of the European Union · 11 June 2025

Record· TJCELEX 62023TJ0342decided

Judgment of the General Court (Third Chamber) of 11 June 2025.#Aquind Ltd v European Union Agency for the Cooperation of Energy Regulators.#Non-contractual liability – Energy – Proposed electricity interconnector connecting the electricity transmission systems in the United Kingdom and France – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-342/23.

European Union · Court of Justice of the European Union · 11 June 2025

Record· TJCELEX 62020TJ0499_RESdecided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 30 April 2025.#Banco Cooperativo Español, SA v Single Resolution Board.#Economic and Monetary Union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2016 ex ante contributions – Exclusion of certain liabilities from the calculation of the ex ante contributions – Article 5(1)(a), (b) and (f) of Delegated Regulation (EU) 2015/63 – Plea of illegality – Principle of non-retroactivity – Non-contractual liability – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Unjust enrichment.#Case T-499/20.

European Union · Court of Justice of the European Union · 30 April 2025

Record· CJCELEX 62023CJ0313decided

Judgment of the Court (First Chamber) of 30 April 2025.#Inspektorat kam Visshia sadeben savet.#References for a preliminary ruling – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – Judicial body competent to propose the initiation of disciplinary proceedings against judges, public prosecutors and investigating magistrates, with a view to the imposition of disciplinary penalties – Members of the judicial body remaining in office after the expiry of their term of office – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Data security – Access by a judicial body to data relating to the bank accounts of judges and public prosecutors and of their family members – Judicial authorisation for the purpose of lifting banking secrecy – Court authorising the lifting of banking secrecy – Article 4(7) – Concept of ‘controller’ – Article 51 – Concept of ‘supervisory authority’.#Joined Cases C-313/23, C-316/23 and C-332/23.

European Union · Court of Justice of the European Union · 30 April 2025

Record· TJCELEX 62020TJ0499decided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 30 April 2025.#Banco Cooperativo Español, SA v Single Resolution Board.#Economic and Monetary Union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2016 ex ante contributions – Exclusion of certain liabilities from the calculation of the ex ante contributions – Article 5(1)(a), (b) and (f) of Delegated Regulation (EU) 2015/63 – Plea of illegality – Principle of non-retroactivity – Non-contractual liability – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Unjust enrichment.#Case T-499/20.

European Union · Court of Justice of the European Union · 30 April 2025

Record· CJCELEX 62023CJ0313_RESdecided

Judgment of the Court (First Chamber) of 30 April 2025.#Proceedings brought by Inspektorat kam Visshia sadeben savet.#References for a preliminary ruling – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – Judicial body competent to propose the initiation of disciplinary proceedings against judges, public prosecutors and investigating magistrates, with a view to the imposition of disciplinary penalties – Members of the judicial body remaining in office after the expiry of their term of office – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Data security – Access by a judicial body to data relating to the bank accounts of judges and public prosecutors and of their family members – Judicial authorisation for the purpose of lifting banking secrecy – Court authorising the lifting of banking secrecy – Article 4(7) – Concept of ‘controller’ – Article 51 – Concept of ‘supervisory authority’.#Joined Cases C-313/23, C-316/23 and C-332/23.

European Union · Court of Justice of the European Union · 30 April 2025

Report· CCCELEX 62022CC0225decided

Opinion of Advocate General Spielmann delivered on 10 April 2025.#'R' S.A. v AW 'T” sp. z o.o.'.#Request for a preliminary ruling from the Sąd Apelacyjny w Krakowie.#Reference for a preliminary ruling – Rule of law – Independence of judges – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – National legislation and case-law prohibiting national courts from calling into question the legitimacy of constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges of those courts or bodies – Verification, by a lower court, of compliance by a higher court with requirements relating to the guarantee of an independent and impartial tribunal previously established by law – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Body that does not constitute an independent and impartial tribunal previously established by law – Primacy of EU law – Possibility of declaring a judicial decision to be null and void.#Case C-225/22.

European Union · Court of Justice of the European Union · 10 April 2025

Record· TJCELEX 62023TJ0350_RESdecided

Judgment of the General Court (Second Chamber) of 19 March 2025 (Extracts).#Rems Kargins v European Commission.#Non-contractual liability – State aid – Intervention of the Commission as amicus curiae before a national court – Unlawfulness of the conduct alleged against the EU institution – Plea of illegality – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Article 29(2) of Regulation (EU) 2015/1589 – Principles of separation of powers, independence of national courts, right to an effective remedy, impartiality and neutrality.#Case T-350/23.

European Union · Court of Justice of the European Union · 19 March 2025

Record· TJCELEX 62023TJ0350decided

Judgment of the General Court (Second Chamber) of 19 March 2025 (Extracts).#Rems Kargins v European Commission.#Non-contractual liability – State aid – Intervention of the Commission as amicus curiae before a national court – Unlawfulness of the conduct alleged against the EU institution – Plea of illegality – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Article 29(2) of Regulation (EU) 2015/1589 – Principles of separation of powers, independence of national courts, right to an effective remedy, impartiality and neutrality.#Case T-350/23.

European Union · Court of Justice of the European Union · 19 March 2025

Record· CJCELEX 62021CJ0647_RESdecided

Judgment of the Court (Fifth Chamber) of 6 March 2025.#D. K. and Others v Prokuratura Rejonowa w Bytowie and Prokuratura Okręgowa w Łomży.#Reference for a preliminary ruling – Rule of law – Second subparagraph of Article 19(1) TEU – Principle of the irremovability of judges and judicial independence – Resolution of the college of a court withdrawing all cases from a judge – Lack of objective criteria for taking a withdrawal decision – Lack of obligation to state reasons for such a decision – Primacy of EU law – Obligation to disapply such a decision to withdraw cases.#Joined Cases C-647/21 and C-648/21.

European Union · Court of Justice of the European Union · 6 March 2025

Record· CJCELEX 62021CJ0647decided

Judgment of the Court (Fifth Chamber) of 6 March 2025.#D. K. and Others.#Requests for a preliminary ruling from the Sąd Okręgowy w Słupsku.#Reference for a preliminary ruling – Rule of law – Second subparagraph of Article 19(1) TEU – Principle of the irremovability of judges and judicial independence – Resolution of the college of a court withdrawing all cases from a judge – Lack of objective criteria for taking a withdrawal decision – Lack of obligation to state reasons for such a decision – Primacy of EU law – Obligation to disapply such a decision to withdraw cases.#Joined Cases C-647/21 and C-648/21.

European Union · Court of Justice of the European Union · 6 March 2025

Record· TJCELEX 62022TJ0354_RESdecided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 8 January 2025.#Thomas Bindl v European Commission.#Processing of personal data – Protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies – Regulation (EU) 2018/1725 – Concept of ‘transfer of personal data to a third country’ – Transfer of data when visiting a website – EU Login – Action for annulment – Act not open to challenge – Inadmissibility – Action for failure to act – Position taken ending the inaction – No need to adjudicate – Action for damages – Sufficiently serious breach of a rule of law conferring rights on individuals – Causal link – Non-material damage.#Case T-354/22.

European Union · Court of Justice of the European Union · 8 January 2025

Record· TJCELEX 62022TJ0354decided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 8 January 2025.#Thomas Bindl v European Commission.#Processing of personal data – Protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies – Regulation (EU) 2018/1725 – Concept of ‘transfer of personal data to a third country’ – Transfer of data when visiting a website – EU Login – Action for annulment – Act not open to challenge – Inadmissibility – Action for failure to act – Position taken ending the inaction – No need to adjudicate – Action for damages – Sufficiently serious breach of a rule of law conferring rights on individuals – Causal link – Non-material damage.#Case T-354/22.

European Union · Court of Justice of the European Union · 8 January 2025

Record· COCELEX 62024CO0149decided

Order of the Court (Eighth Chamber) of 12 December 2024.#United Media Services SRL v Consiliul Concurenţei.#Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Article 4(3) TEU – Procedural autonomy – Principles of equivalence and effectiveness – Legal certainty – Right to an effective remedy – Final decision of a national court that is incompatible with a subsequent decision of the Court – Decision of a Constitutional Court finding that a provision of national law on the basis of which a judgment was delivered is incompatible with the Constitution of the Member State concerned – Request for revision – Different limitation periods.#Case C-149/24.

European Union · Court of Justice of the European Union · 12 December 2024

Record· COCELEX 62024CO0149_INFdecided

Order of the Court (Eighth Chamber) of 12 December 2024.#United Media Services SRL v Consiliul Concurenţei.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Article 4(3) TEU – Procedural autonomy – Principles of equivalence and effectiveness – Legal certainty – Right to an effective remedy – Final decision of a national court that is incompatible with a subsequent decision of the Court – Decision of a Constitutional Court finding that a provision of national law on the basis of which a judgment was delivered is incompatible with the Constitution of the Member State concerned – Request for revision – Different limitation periods.#Case C-149/24.

European Union · Court of Justice of the European Union · 12 December 2024

Record· CJCELEX 62022CJ0727_RESdecided

Judgment of the Court (Second Chamber) of 4 October 2024.#Friends of the Irish Environment CLG v Government of Ireland and Others.#Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes … which are required by legislative, regulatory or administrative provisions’ – Measure adopted by the government of a Member State solely on the basis of a provision of the Constitution of that Member State providing that the executive power of the State is to be exercised by or on the authority of that government.#Case C-727/22.

European Union · Court of Justice of the European Union · 4 October 2024

Report· CCCELEX 62023CC0313decided

Opinion of Advocate General Pikamäe delivered on 4 October 2024.#Inspektorat kam Visshia sadeben savet.#Requests for a preliminary ruling from the Sofiyski rayonen sad.#References for a preliminary ruling – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – Judicial body competent to propose the initiation of disciplinary proceedings against judges, public prosecutors and investigating magistrates, with a view to the imposition of disciplinary penalties – Members of the judicial body remaining in office after the expiry of their term of office – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Data security – Access by a judicial body to data relating to the bank accounts of judges and public prosecutors and of their family members – Judicial authorisation for the purpose of lifting banking secrecy – Court authorising the lifting of banking secrecy – Article 4(7) – Concept of ‘controller’ – Article 51 – Concept of ‘supervisory authority’.#Joined Cases C-313/23, C-316/23 and C-332/23.

European Union · Court of Justice of the European Union · 4 October 2024

Record· CJCELEX 62022CJ0727decided

Judgment of the Court (Second Chamber) of 4 October 2024.#Friends of the Irish Environment CLG v Government of Ireland and Others.#Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes … which are required by legislative, regulatory or administrative provisions’ – Measure adopted by the government of a Member State solely on the basis of a provision of the Constitution of that Member State providing that the executive power of the State is to be exercised by or on the authority of that government.#Case C-727/22.

European Union · Court of Justice of the European Union · 4 October 2024

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