Intermezzo in the rule of law play: the Court of Justice’s LM case

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In the LM case, the CJEU was called to decide on whether systemic rule of law deficiencies in Poland could lead to the suspension of EU cooperation based on mutual trust, in particular under the European Arrest Warrant system. Building on its earlier decision in Aranyosi , the Court concluded that EAWs may be suspended only after the executing authority conducts a general analysis of the situation in the country concerned and an individual assessment of the specific situation of the applicant. For some, the decision was a disappointing one, as the Court failed to take a clear stance on the Polish constitutional crisis. This chapter argues, on the other hand, that the Court reached a balanced decision: while it is true that it confirmed the strict Aranyosi test, it also sent some key messages on the crucial importance of the rule of law and judicial independence for the EU and underlined the red lines of European constitutionalism. Furthermore, a different line of cases that originated from the groundbreaking decision of the Court in the ‘Portuguese judges’ case seems much more promising for the protection of EU values. Thus, rather than a constitutional moment for the Union, LM was ultimately an intermezzo between the two main acts of the rule of law play before the Court of Justice.
Original languageEnglish
Title of host publicationDefending checks and balances in EU Member States
Subtitle of host publicationTaking stock of Europe’s actions
EditorsArmin von Bogdandy, Piotr Bogdanowicz, Iris Canor, Christoph Grabenwarter, Maciej Taborowski, Matthias Schmidt
Place of PublicationBerlin/Heidelberg
PublisherSpringer Verlag
ISBN (Electronic)978-3-662-62317-6
ISBN (Print)978-3-662-62316-9
Publication statusPublished - 2021

Publication series

SeriesBeiträge zum ausländischen öffentlichen Recht und Völkerrecht

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