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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Main Authors: Nika Bačić Selanec, Davor Petrić
Format: Article
Language:English
Published: University of Zagreb, Faculty of Law 2024-12-01
Series:Croatian Yearbook of European Law and Policy
Subjects:
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.
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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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