In the past decade, the European Union has experienced prolonged rule of law crises in the Member States of Hungary and Poland, particularly concerning judicial independence standards. While the EU possesses multiple enforcement mechanisms, it has struggled to uphold these standards effectively.
This seminar will explore the enforcement capacity of private actions within the EU’s decentralized judicial federalism. Shannon’s research assesses whether national courts can go beyond providing regular remedies, to provide a ‘meta-remedy’—that is, to ensure their own ability to impartially adjudicate disputes under EU law. Through an analysis of ECJ jurisprudence and Poland’s judicial ‘reforms’, the article argues that national judges can provide such a meta-remedy by exercising their authority to review judicial appointments and order a retrial with a duly appointed tribunal.
This topic intersects with European constitutional law, compliance with international tribunal rulings, and the interaction between domestic and international law, making it relevant to a wide range of research interests within our group.
We look forward to your participation in what promises to be an engaging and thought-provoking discussion.