JUDGE INDEPENDENCE - BETWEEN EUROPEAN UNION LAW AND NATIONAL LAW

Abstract

In this paper we aim to analyze a topical issue for specialists in national constitutional law and European law, namely the independence of the judge - between European Union law and national law. The subject is of interest in the context of the ruling by the CJEU on several judgments on the rule of law, independence and impartiality of national judges, legal certainty, guaranteeing the national constitutional identity of EU Member States, binding judgments of Constitutional Courts, the supremacy of European Union law. In this sense, we understand to see the theoretical aspects, the solutions pronounced by the CJEU of recent date regarding Romania, the position of the CCR compared to those ruled by the Luxembourg court, the review of recent decisions by the Court of Justice against Poland, as well as the opinions expressed in the specialized doctrine on this subject.

Keywords

• rule of law
• separation
• balance and cooperation of powers in the state
• the judiciary
• the principles of irremovability and independence of judges
• system of political control of the content of judicial decisions
• the principle of ensuring effective judicial protection in matters governed by union law
• applicable disciplinary regime national judges
• national constitutional identity
• sovereignty of the member states of the european union
• cooperation between national and european union courts