HOW TO SAFEGUARD JUDICIAL INDEPENDENCE AS A CONSTITUTIONAL VALUE OF THE EUROPEAN UNION BASED ON THE RULE OF LAW

Abstract

The European unification process has from the outset been a civilising project that is
committed to constitutional values. The common constitutional values of the EU and its
Member States are now set forth in Art. 2 TEU. Art. 49 (1) sentence 1 TEU expressly
stipulates that only those European States which respect these values and are committed to
promoting them can join the EU. In this respect, however, the Member States and the
candidate countries are not obliged to establish any kind of uniformity, but only homogeneity.
In conformity with Art. 4 (2) TEU, they are thus left with sufficient margin for realising the
constitutional values in different forms, according to their respective national constitutional
identity. At their core, however, the constitutional values of Art. 2 TEU are and remain
inviolable. It is part of the judicial functions of the Court of Justice of the EU pursuant to Art.
19 (1) subparagraph 1 TEU to define that core.