Rule of law, national judges and the Court of Justice of the European Union: Let's keep it juridical

Abstract

The debate on the rule of law in the EU is mainly taking place from an EU law point of view, stemming from the analysis of CJEU judgments and its interpretation of general principles and primary EU law. This article argues that only by comprehending the global context of rise of populism and delegitimation of the judiciary may we realise the risks that national judges and the CJEU started to take when they entered the stage of this discussion. An overview is made of the global trend of delegitimation of the judiciary, referring to the example of Poland. The author then analyses how the CJEU and national courts, while defending the rule of law, are also mutually contributing to their own protection against external threats, and why that dialogue is essential to keep the debate juridical, as a way of avoiding what the author identifies as the “populist trap to the judiciary”.