In the current issue of the journal International Labor Rights Case Law, a decision note written by Prof. Dr. Ulber and Georg Kuhs on the judgment of the ECJ of 26.9.2024 in the Energotehnica case (C-792/22) has been published.
In the Energotehnica ruling, the ECJ emphasizes several central principles of EU law. It emphasizes that the right to be heard enshrined in Art. 47 CFR is more than a mere formality - affected parties must have the opportunity to actually present their arguments before a court decision is issued. In addition, the ECJ once again reaffirms the primacy of Union law: national courts must apply Union law - even if this conflicts with the case law of their own constitutional court. Finally, the ruling sends another clear signal for the independence of the judiciary. The ECJ makes it unmistakably clear that disciplinary proceedings against judges may not be used to prevent the application of (Union) law. The ruling therefore not only strengthens the enforcement of Union law, but also the independence of the courts under the rule of law.
Prof. Dr. Ulber and Georg Kuhs, Procedural Effects of the Principle of Effectiveness in EU Law, ILaRC 2025, 138-143
In the Energotehnica ruling, the ECJ emphasizes several central principles of EU law. It emphasizes that the right to be heard enshrined in Art. 47 CFR is more than a mere formality - affected parties must have the opportunity to actually present their arguments before a court decision is issued. In addition, the ECJ once again reaffirms the primacy of Union law: national courts must apply Union law - even if this conflicts with the case law of their own constitutional court. Finally, the ruling sends another clear signal for the independence of the judiciary. The ECJ makes it unmistakably clear that disciplinary proceedings against judges may not be used to prevent the application of (Union) law. The ruling therefore not only strengthens the enforcement of Union law, but also the independence of the courts under the rule of law.
Prof. Dr. Ulber and Georg Kuhs, Procedural Effects of the Principle of Effectiveness in EU Law, ILaRC 2025, 138-143
