The Rule of Law and the Coherence of the Judicial System of the European Union

Abstract

This article explores how the interlocking system of jurisdiction of the Community courts and the national courts serves to uphold the “rule of law” in the Union legal order. Through the lens of recent jurisprudence of the Court of Justice and ongoing structural reforms of the Community judicature, the implications flowing from the “rule of law” for the judicial review of acts of the institutions and of acts of the Member States in relation to Community law are highlighted, thereby providing reflection on apparent gaps in the system of judicial protection. Through the same lens, the interplay between Community law and national procedural rules and the development of the European judicial architecture in light of the urgent preliminary ruling procedure in the area of freedom, security and justice and the prospect of extending the Court of First Instance’s jurisdiction to some additional categories of procedure are analysed. That analysis illustrates the respective contributions of the national courts and the Community courts to the coherence of the European judicial system with a view to further strengthening the protection of the “rule of law” in the European Union.

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