La crisis del estado de derecho y la independencia judicial en Polonia: un análisis de la protección política y jurisdiccional de la Unión Europea

Abstract

This study provides a review of the role of the Institutions of the European Union (EU), including the Court of Justice of the European Union (CJEU) through its jurisprudence protecting judicial independence in the case of Poland. The measures adopted following PiS government´s rise to power in 2015 endangered the respect for the rule of law in this State, and the political mechanisms designed by the EU to face its protection proved to be ineffective. Consequently, the CJUE —in response to the infringement proceedings brought by the Commission and to preliminary rulings raised by national bodies— has formed a thorough jurisprudence regarding the content and limits of right to effective judicial protection and judicial independence, building on the jurisprudential line initiated in 2018 in the Associaçâo Sindical dos Juízes Portugueses case.