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Rule of law

Records whose title is actually about this topic. Use a country filter if the list is still too broad.

73 records in EU in 2021

All countriesUnited States · 6,472Austria · 2,101France · 2,068Netherlands · 1,535Ireland · 1,467European Union · 660Germany · 244United Kingdom · 176Belgium · 1Search this topic

Records

Record· COCELEX 62020CO0580_INFdecided

Order of the Court (Sixth Chamber) of 11 May 2021.#Criminal proceedings against XXX and YYY.#Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Values and objectives of the European Union – Rule of law – Respect for human rights – Principle that penalties must have a proper legal basis – National legislation criminalising an act carried out in breach of any law – Lack of connection with EU law – Manifest inadmissibility.#Case C-580/20.

European Union · Court of Justice of the European Union · 11 May 2021

Report· CCCELEX 62019CC0791decided

Opinion of Advocate General Tanchev delivered on 6 May 2021.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Disciplinary regime applicable to judges – Rule of law – Independence of judges – Effective legal protection in the fields covered by Union law – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Disciplinary offences resulting from the content of judicial decisions – Independent disciplinary courts or tribunals established by law – Respect for reasonable time and the rights of the defence in disciplinary proceedings – Article 267 TFEU – Restriction of the right of national courts to submit requests for a preliminary ruling to the Court of Justice and of their obligation to do so.#Case C-791/19.

European Union · Court of Justice of the European Union · 6 May 2021

Record· CJCELEX 62019CJ0896_RESdecided

Judgment of the Court (Grand Chamber) of 20 April 2021.#Repubblika v Il-Prim Ministru.#Reference for a preliminary ruling – Article 2 TEU – Values of the European Union – Rule of law – Article 49 TEU – Accession to the European Union – No reduction in the level of protection of the values of the European Union – Effective judicial protection – Article 19 TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Scope – Independence of the members of the judiciary of a Member State – Appointments procedure – Power of the Prime Minister – Involvement of a judicial appointments committee.#Case C-896/19.

European Union · Court of Justice of the European Union · 20 April 2021

Record· CJCELEX 62019CJ0896decided

Judgment of the Court (Grand Chamber) of 20 April 2021.#Repubblika v Il-Prim Ministru.#Request for a preliminary ruling from the Qorti Ċivili Prim’Awla - Ġurisdizzjoni Kostituzzjonali.#Reference for a preliminary ruling – Article 2 TEU – Values of the European Union – Rule of law – Article 49 TEU – Accession to the European Union – No reduction in the level of protection of the values of the European Union – Effective judicial protection – Article 19 TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Scope – Independence of the members of the judiciary of a Member State – Appointments procedure – Power of the Prime Minister – Involvement of a judicial appointments committee.#Case C-896/19.

European Union · Court of Justice of the European Union · 20 April 2021

Report· CCCELEX 62019CC0487decided

Opinion of Advocate General Tanchev delivered on 15 April 2021.#Proceedings brought by W.Ż.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Rule of law – Effective legal protection in the fields covered by EU law – Second subparagraph of Article 19(1) TEU – Principles of the irremovability of judges and judicial independence – Transfer without consent of a judge of an ordinary court – Action – Order of inadmissibility made by a judge of the Sąd Najwyższy (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) (Supreme Court (Chamber of Extraordinary Control and Public Affairs), Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the National Council of the Judiciary, despite a court decision ordering that the effects of that resolution be suspended pending a preliminary ruling of the Court – Judge not constituting an independent and impartial tribunal previously established by law – Primacy of EU law – Possibility of finding such an order of inadmissibility to be null and void.#Case C-487/19.

European Union · Court of Justice of the European Union · 15 April 2021

Report· CCCELEX 62019CC0379decided

Opinion of Advocate General Bobek delivered on 4 March 2021.#Criminal proceedings against PM and Others.#Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie and Tribunalul Bihor.#Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Legal nature and effects – Binding on Romania – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – ‘PFI’ Convention’ – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the legality of the taking of certain evidence and the composition of judicial panels in cases of serious corruption – Duty on national courts to give full effect to the decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in case of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that conflict with EU law – Principle of primacy of EU law.#Joined Cases C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19.

European Union · Court of Justice of the European Union · 4 March 2021

Report· CCCELEX 62019CC0547decided

Opinion of Advocate General Bobek delivered on 4 March 2021.#Criminal proceedings against PM and Others.#Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie and Tribunalul Bihor.#Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Legal nature and effects – Binding on Romania – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – ‘PFI’ Convention’ – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the legality of the taking of certain evidence and the composition of judicial panels in cases of serious corruption – Duty on national courts to give full effect to the decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in case of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that conflict with EU law – Principle of primacy of EU law.#Joined Cases C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19.

European Union · Court of Justice of the European Union · 4 March 2021

Report· CCCELEX 62019CC0840decided

Opinion of Advocate General Bobek delivered on 4 March 2021.#Criminal proceedings against PM and Others.#Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie and Tribunalul Bihor.#Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Legal nature and effects – Binding on Romania – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – ‘PFI’ Convention’ – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the legality of the taking of certain evidence and the composition of judicial panels in cases of serious corruption – Duty on national courts to give full effect to the decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in case of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that conflict with EU law – Principle of primacy of EU law.#Joined Cases C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19.

European Union · Court of Justice of the European Union · 4 March 2021

Record· CJCELEX 62018CJ0824_RESdecided

Judgment of the Court (Grand Chamber) of 2 March 2021.#A.B. and Others v Krajowa Rada Sądownictwa and Others.#Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law.#Case C-824/18.

European Union · Court of Justice of the European Union · 2 March 2021

Record· CJCELEX 62018CJ0824decided

Judgment of the Court (Grand Chamber) of 2 March 2021.#A.B. and Others v Krajowa Rada Sądownictwa and Others.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law.#Case C-824/18.

European Union · Court of Justice of the European Union · 2 March 2021

Record· TJCELEX 62019TJ0345_INFdecided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 10 February 2021.#Giacomo Santini and Others v European Parliament.#Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Resolution No 14/2018, on pensions – Alteration of the amount of the pensions of Italian national Members of Parliament – Corresponding alteration by the European Parliament of the amount of the pensions of certain former Members of the European Parliament elected in Italy – Competence of the author of the act – Obligation to state reasons – Acquired rights – Legal certainty – Legitimate expectations – Right to property – Proportionality – Equal treatment – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals.#Joined Cases T-345/19, T-346/19, T-364/19 to T-366/19, T-372/19 to T-375/19 and T-385/19.

European Union · Court of Justice of the European Union · 10 February 2021

Record· TJCELEX 62019TJ0345decided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 10 February 2021.#Giacomo Santini and Others v European Parliament.#Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Resolution No 14/2018, on pensions – Alteration of the amount of the pensions of Italian national Members of Parliament – Corresponding alteration by the European Parliament of the amount of the pensions of certain former Members of the European Parliament elected in Italy – Competence of the author of the act – Obligation to state reasons – Acquired rights – Legal certainty – Legitimate expectations – Right to property – Proportionality – Equal treatment – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals.#Joined Cases T-345/19, T-346/19, T-364/19 to T-366/19, T-372/19 to T-375/19 and T-385/19.

European Union · Court of Justice of the European Union · 10 February 2021

Question· QUESTION_WRITTENE-9-2021-000589answered

Rule of law conditionality

European Union · European Parliament · 29 January 2021

Record· TJCELEX 62019TJ0884_INFdecided

Judgment of the General Court (Ninth Chamber) of 20 January 2021.#Marc Folschette and Others v European Commission.#Non-contractual liability – Investigation by OLAF – Information technology contract – Corruption – Trading in influence – Final report recommending the bringing of criminal proceedings – Final acquittal by a criminal court – Period of limitation – Sufficiently serious infringement of a rule of law intended to confer rights on individuals.#Case T-884/19.

European Union · Court of Justice of the European Union · 20 January 2021

Record· TJCELEX 62019TJ0884decided

Judgment of the General Court (Ninth Chamber) of 20 January 2021.#Marc Folschette and Others v European Commission.#Non-contractual liability – Investigation by OLAF – Information technology contract – Corruption – Trading in influence – Final report recommending the bringing of criminal proceedings – Final acquittal by a criminal court – Period of limitation – Sufficiently serious infringement of a rule of law intended to confer rights on individuals.#Case T-884/19.

European Union · Court of Justice of the European Union · 20 January 2021

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