Judicial Control of the Rule of Law Principle in the EU
The rule of law has been brought to the forefront of the judicial argumentation in the last years. In the EU, it has led to an increased supervision over national legal systems and their ability to implement EU law. This is true in thick normative areas, like fundamental rights or competition law, but also in softly regulated areas, like climate change, or politically sensitive concerns like judicial independence. Courts tend to be the main actors, and the last bastion, in upholding such a multifaceted principle, although that task comes with risks. We propose to address the way the judiciary deals with the rule of law principle in four stances: balancing security with the right to privacy – assessing national administrations‘, and national courts‘ independence – and filling the legal gaps in the requirements of the fight against climate change. In all these areas, the judicial control carries risks related to democracy and, in the case of the ECJ, to the principle of conferred powers.