Samuel Shannon

• Shannon, Samuel (2026). A Meta-Remedy in EU Judicial Federalism. Max Planck Institute Luxembourg for Procedural Law Research Paper Series. ISSN 2309-0227. doi: 10.2139/ssrn.6633498. Fulltekst i vitenarkiv Vis sammendrag

  Since the 1960s, the European Court of Justice (‘ECJ’) has used the preliminary reference procedure to develop a unique system of judicial federalism, in which private parties enforce their EU rights not before the ‘federal’ ECJ but through Member State courts. For this system to provide effective judicial protection, national courts must be independent and impartial—features that have been threatened by recent judicial backsliding in Member States such as Poland. But the ECJ has not been idle in response to this backsliding. It has continued to use preliminary references to develop this system by ruling that Article 19(1) TEU provides an actionable right to an independent and impartial court, that national courts can ‘set aside’ judicial appointments which violate this crucial Treaty provision, and that they can do so even in respect of appointments positioned higher in the national judicial hierarchy. This article makes two contributions. First, it conceptualizes how the ECJ’s recent rulings have created a meta-remedy, that is, a tool to vindicate Article 19(1) TEU rights and thereby secure the viability of all ordinary remedies, such as Member State liability. Secondly, the article provides an account of how this meta-remedy fares in the real world. Poland’s judicial ‘reforms’ showcase the structural limitations of the Union’s judicial federalism which, when abused by a Member State, diminish the usefulness of this remedy. However, the article also brings to the fore little-known examples of private parties successfully using the meta-remedy to obtain relief at various levels of Poland’s judiciary, suggesting that national courts can retain an appreciable remedial capacity even when their independence is undermined by national governments.

• Shannon, Samuel (2026). The EU’s 1787 Moment: When Constitutional Order Blocks Necessary Change. Verfassungsblog. ISSN 2366-7044. doi: 10.17176/20260102-172135-0. Fulltekst i vitenarkiv

Se alle arbeider i NVA

• Shannon, Samuel (2025). Private Actions as a Meta-Remedy in EU National Courts. Fulltekst i vitenarkiv
• Shannon, Samuel (2025). A Balancing Act: Suspending Mutual Trust Without Upending the Union. Fulltekst i vitenarkiv
• Shannon, Samuel (2025). Private Actions as a Meta-Remedy in EU National Courts. Fulltekst i vitenarkiv
• Shannon, Samuel (2024). The Failure of Judicial Enforcement of EU Law in Poland and Hungary. Fulltekst i vitenarkiv

Se alle arbeider i NVA