The binding authority of the rulings rendered by the European Court of Justice is the principal reason why the preliminary ruling procedure may constitute an efficient means of enforcing EU law in general – and EU values in particular. This article explains how the preliminary ruling procedure can be used as a tool towards the enforcement of EU values. It considers who can use the procedure to this end, it examines how to create the basis for...

In the legal order of the European Union (EU), the values contained in Article 2 TEU define the very identity of the Union as a common legal order. The common values, which include the rule of law, are embedded in the very DNA of the European integration project. In its landmark judgment in Associação Sindical dos Juízes Portugueses, the Court of Justice indicated the path towards defending the values contained in Article 2 TEU. Uphold...

The article aims to provide a clear and convincing answer to several questions that have been a permanent topic of discussion since the Court of Justice delivered its judgment in case of „Portuguese judges” in 2018. If the constitutions of the member states guarantee the independence of the judiciary, is there also a need for special protection afforded by European Union law? What justification does such supranational protection have? And if ...