The article deals with the implications that the values of the European Union have for the Member States, bearing in mind the central place of these values, listed in Article 2 TEU, in the European legal order. Among these values, the rule of law is the backbone of the modern democratic society. Courts of law – as independent arbitrators – are the guardians of the rule of law. Given the central role of national courts in the EU’s constitution...

The article outlines the crucial role played by values of the rule of law and the independence of the judiciary in the European Union. While the Court of Justice of the European Union respects the competence of the Member States in organizing their judicial system, national constitutional and legislative rules cannot challenge the unconditional duty to comply with the primacy of EU law and the values embodied by the former. By means...