Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest
The editorial comment discusses the preliminary reference and the Opinion of Advocate General Pikamäe in Joined Cases C-554/21, C-622/21 and C-727/21 Hann Invest, which is currently pending before the Grand Chamber of the Court of Justice. In the preliminary reference – the first reference on the st...
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Format: | Article |
Language: | English |
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University of Zagreb, Faculty of Law
2024-12-01
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Series: | Croatian Yearbook of European Law and Policy |
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Online Access: | https://www.cyelp.com/index.php/cyelp/article/view/565 |
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author | Nika Bačić Selanec Davor Petrić |
author_facet | Nika Bačić Selanec Davor Petrić |
author_sort | Nika Bačić Selanec |
collection | DOAJ |
description | The editorial comment discusses the preliminary reference and the Opinion of Advocate General Pikamäe in Joined Cases C-554/21, C-622/21 and C-727/21 Hann Invest, which is currently pending before the Grand Chamber of the Court of Justice. In the preliminary reference – the first reference on the state of the rule of law and independence of the judiciary in Croatia – the referring national court questioned whether the Croatian mechanism for ensuring consistency of case law of second-instance national courts and the Supreme Court complies with Article 19(1) TEU. Unlike the AG, this comment argues it does not. |
format | Article |
id | doaj-art-6f4f4b9539fa4ae795e0b203dfda6885 |
institution | Kabale University |
issn | 1845-5662 1848-9958 |
language | English |
publishDate | 2024-12-01 |
publisher | University of Zagreb, Faculty of Law |
record_format | Article |
series | Croatian Yearbook of European Law and Policy |
spelling | doaj-art-6f4f4b9539fa4ae795e0b203dfda68852025-02-06T16:02:05ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582024-12-0120115517910.3935/cyelp.20.2024.565Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-InvestNika Bačić Selanec0https://orcid.org/0000-0001-5374-8758Davor Petrić1https://orcid.org/0000-0001-7737-2150University of Zagreb Faculty of LawUniversity of Zagreb Faculty of LawThe editorial comment discusses the preliminary reference and the Opinion of Advocate General Pikamäe in Joined Cases C-554/21, C-622/21 and C-727/21 Hann Invest, which is currently pending before the Grand Chamber of the Court of Justice. In the preliminary reference – the first reference on the state of the rule of law and independence of the judiciary in Croatia – the referring national court questioned whether the Croatian mechanism for ensuring consistency of case law of second-instance national courts and the Supreme Court complies with Article 19(1) TEU. Unlike the AG, this comment argues it does not.https://www.cyelp.com/index.php/cyelp/article/view/565judicial independencerule of lawcroatian judiciaryconsistency of case lawpreliminary ruling procedure |
spellingShingle | Nika Bačić Selanec Davor Petrić Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest Croatian Yearbook of European Law and Policy judicial independence rule of law croatian judiciary consistency of case law preliminary ruling procedure |
title | Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest |
title_full | Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest |
title_fullStr | Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest |
title_full_unstemmed | Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest |
title_short | Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest |
title_sort | internal judicial independence in the eu and ghosts from the socialist past why the court of justice should not follow ag pikamae in hann invest |
topic | judicial independence rule of law croatian judiciary consistency of case law preliminary ruling procedure |
url | https://www.cyelp.com/index.php/cyelp/article/view/565 |
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