Judicial Independence & National Judges in the Recent Case law of the Court of Justice

Judicial independence did not only become more visible in the recent case law of the Court of
justice but has also been analysed as a systemic parameter of the Union. This article discusses a
sample of three cases, Associação Sindical dos Juízes Portugueses, Achmea, and L.M., to assess
the notion of judicial independence as applying regarding the national judges in the judicial
system of the Union. Judicial independence, as a notion of EU law, is primarily a constitutional
requirement presumably deferent to Member States’ standards and pursuing the proper functioning
of the Union’s judicial system, namely its effectiveness. However, the recent case law testifies
the emergence of a common EU standard of judicial independence, which does not only apply as
a minimum standard throughout the Union but also affects the national legal orders. Ultimately,
the analyses of the paper point out a curious harmony regarding judicial independence between
the principles of effectiveness of Union law and of effective judicial protection under that law
without clarifying their articulation.