HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

of Article 19 in CJEU development led to the logical marginalisation of application Article 47 Charter, which CJEU used primarily complementary. By analysing two Polish cases before the CJEU, I demonstrated the practical applicability and limitations of Article 19 TEU. I mainly compared references for preliminary rulings and infringement procedures. Using references for preliminary rulings, as currently utilised in jurisprudence, requires a direct link between the proceedings before the member state court and any breach of obligations arising from Article 19 TEU. In contrast, infringement proceedings are a more suitable solution as this relationship is not required. The procedural limitations of Article 19 TEU have increased the role of the Commission in enforcing the rule of law. This reliance on the Commission could weaken the enforcement of the rule of law in cases where the Commission remains inactive. Therefore, easing the procedural restrictions on preliminary rulings would be reasonable. Regardless of procedural limits of application, Article 19 TEU is a key provision to ensure the protection of the rule of law and the right to a fair trial. Given the ongoing deterioration of the rule of law in some Member States, further developments in the CJEU’s case law can be anticipated. This article aimed to highlight the significance of Article 19 TEU in extending the protection of the right to a fair trial beyond the Charter.

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