Indipendenza della magistratura e non-regressione nella garanzia dei valori comuni europei. Dal caso Repubblika alla sentenza K 3/21 del Tribunale costituzionale polacco

Abstract

The Repubblika judgment, delivered by the Court of Justice on 20 April 2021 in case C-896/19, is not just another piece of a courageous (albeit almost settled) case-law aimed at strengthening the guarantees of judicial independence for national judges, but with its affirmation of a general principle of non-regression in safeguarding common European values, it constitutes a step forward in the European constitutional process. The present contribution focuses on this new principle by investigating its potential application, also with respect to one of the “regressions” with the potentially most far reaching effects of recent times: the one made through the very recent ruling K 3/21 of the Polish Constitutional Court.