Rule of Law Backsliding in Europe: The Challenge of Judicial Independence

Abstract

The European Union is immersed in what many authors have called Rule of Law Backsliding. As in the Poland case, this predicament has been aggravated by ongoing reforms carried out in some member states that are truly shaking the foundations of judicial independence. In this context, the Court of Justice of the European Union has emerged as one of the main defenders of judicial independence, shaping an interesting jurisprudence in order to safeguard this cherished principle. A compelling illustration of its efforts can be found in the recent case of C-132/20, Getin Noble Bank, where the alternative chosen by the Court of Justice, by admitting the preliminary questions raised by the Polish judicial body, has been both praised and criticized in equal measure. However, it appears that the declaration of admissibility made in this case was deemed imperative to preserve the functionality of the cornerstone of the European judicial system: the preliminary ruling mechanism.