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The Independence of National Regulatory Authorities: Is There Now an Autonomous EU Law Concept of Independence of General Application? (C-378/19 President of the Slovak Republic) journal article

Francesco Rizzuto

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 1, Page 64 - 75

Case C-378/19 The President of the Slovak Republic, Judgment of the Court (Fifth Chamber) of 11 June 2020 The Court of Justice clarifies the meaning of the institutional and functional independence of national regulatory authorities in a way that circumscribes the autonomy of the Member States regarding the organisational design and operation of regulatory and adjudicatory bodies. In does so by implicitly transposing a number of principles from the normative framework of independence it has established to define the requirements of judicial independence. It is submitted that by doing so it has therefore defined a broad EU law normative framework of what constitutes independence that is applicable to both judicial and regulatory bodies. These requirements must be met by these bodies generally but in particular when called to exercise their roles falling within the scope of the duties conferred on them by EU Law and in particular, in order to comply with the obligation to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law set down in Article 19(1) second paragraph TFEU.

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