The President of the Court of Justice of the European Union (CJEU), Koen Lenaerts, said that “the foundations of the EU based on the Rule of law are under threat” and that “the very survival of the European project in its current form is at stake“ on Thursday 4 November in The Hague at the FIDE 2021 Congress.
Without explicitly referring to the conflict between Poland and European authorities on the EU Rule of law and the independence of the judiciary (see EUROPE 12821/1), Mr Lenaerts recalled that “the Union’s legal order can only function if it is clear who has the last word on the law”. Thus, he added, in accordance with the EU Treaty (Article 19) and the requirements of uniformity and equality before the law, “the CJEU must have the final say in the interpretation of EU law, just as national constitutional courts have the final say in the interpretation of the national constitution”.
Mr Lenaerts also acknowledged that “the Court fully recognises that the limits to the scope of EU law must be respected”. Moreover, where EU law applies, there is room to reflect the “diversity” of situations or opinions in constantly changing societies, while respecting the identity of the Member States. To illustrate his point, he referred in particular to the Court’s judgment leaving it to the Member States to strike a balance between freedom of religion and certain legitimate objectives, such as equal treatment in employment (Case C-341/19, see EUROPE 12763/8) or animal welfare (Case C-336/19, see EUROPE 12626/31).
One principle remains non-negotiable, according to the President of the Court: the courts of a Member State must be able to act “without fear nor favour“. European case law has made it clear that national judges should not be exposed to disciplinary proceedings or measures for referring cases to the CJEU, he stressed (cases C-558&563/18, see EUROPE 12455/25).
And he recalled that, while the organisation of justice is the responsibility of the Member States, the national courts called upon to apply EU law must enjoy the guarantees essential to their “independence and impartiality”. “Respect for these red lines and for the Rule of law in general is the foundation for mutual trust. The European project - and the solidarity among Member States that this project entails - depends on that trust”, concluded Mr Lenaerts. (Original version in French by Mathieu Bion)