Ludovic Badet is an alumnus of the the Specialized Master in European Law, a programme with the IEE label. He previously graduated with a Master of Law from the Université Libre de Bruxelles.
Abstract
The rule of law is in many ways a major concern of the European Union. However, the European Union is not easily able to ensure the protection of this fundamental value in the Member States, particularly Hungary and Poland. In this context, the Commission v. Poland II judgment is particularly helpful. It illustrates the possibility for the Court of Justice of the European Union to condemn certain breaches of the rule of law on the basis of Article 19(1) of the Treaty on European Union. These are attacks on the independence of the judiciary. This judgment actually finds its genesis in a Commission v. Poland I judgment of 24 June 2019. It is therefore a confirmation of the Court’s power, on the initiative of the European Commission, to effectively block reforms in Member States that undermine the independence of national judges.
