O reenvio prejudicial à luz da recente jurisprudência do tribunal de justiça

: o papel do mecanismo de cooperação no âmbito da crise do estado de direito

Abstract

The axiological crisis has been consolidating itself as one of the greatest challenges for the preservation of the European Union. In this regard, the value of the Rule of Law, with emphasis on its dimension of judicial independence, has been threatened by the executives of several Member States. In this dissertation, we will begin by legally framing the Rule of Law crisis, with the aim of identifying judicial independence as a structural principle of the European Union. In the second chapter, we will analyze the various mechanisms employed in the context of this crisis, seeking to highlight their main flaws and limitations that have resulted in the significant degradation of the Rule of Law in countries such as Hungary and Poland. Finally, in the third, fourth, and fifth chapters, which constitute the focal points of this study, we will conduct an in-depth analysis of the role that the preliminary ruling mechanism has been playing in preserving judicial independence in the mentioned countries. The main purpose of this analysis is to understand if the cooperation mechanism is suitable for these situations, anticipating the role it should assume in the next chapters of the Rule of Law crisis.

Date of Award	17 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sofia Oliveira Pais (Supervisor)