The independence of constitutional courts in light of European standards. The Spanish and French cases

In response to the illiberal shifts taking place in different EU member states, the CJEU and the ECtHR have developed an abundant case-law in which they establish specific requirements on the independence of the judiciary as a component of the rule of law. While the usual suspects of illiberal shifts are concerned, one may wonder what the impact of this case-law on other EU member states may be.
In this paper, it will be argued that, while the European courts’ recent case-law has emerged in a context of crisis, it should further be scrutinised in the context of all member states, thus consolidating the foundations of a European common legal space where the rule of law is respected. In this context, this paper will use France and Spain as case studies. Indeed, one may wonder whether the procedures and/or practices relating to the composition of the French and Spanish constitutional courts indeed comply with European standards.