Reaction, polemic
https://doi.org/10.3935/cyelp.20.2024.565
Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest
Nika Bačić Selanec
; University of Zagreb Faculty of Law
*
Davor Petrić
orcid.org/0000-0001-7737-2150
; University of Zagreb Faculty of Law
* Corresponding author.
Abstract
The editorial comment discusses the preliminary reference and the Opinion of Advocate General Pikamäe in Joined Cases C-554/21, C-622/21 and C-727/21 Hann-Invest, which is currently pending before the Grand Chamber of the Court of Justice. In the preliminary reference – the first reference on the state of the rule of law and independence of the judiciary in Croatia – the referring national court questioned whether the Croatian mechanism for ensuring consistency of case law of second-instance national courts and the Supreme Court complies with Article 19(1) TEU. Unlike the AG, this comment argues it does not.
Keywords
EU law; judicial independence; horizontal independence; rule of law; socialist law; Croatian judiciary; consistency of case law; preliminary ruling procedure; Court of Justice of the EU; Hann-Invest case
Hrčak ID:
327609
URI
Publication date:
31.12.2024.
Visits: 663 *