Hot Rule of Law Potatoes: The CJEU’s Formalism in Joined Cases C‑313/23, C‑316/23, C‑332/23 and Its Implications

On 30 April 2025, the CJEU handed down its much-anticipated judgment in joined cases C‑313/23, C‑316/23, C‑332/23, which, among other pertinent questions on the GDPR, concerns the compatibility of Article 19 TEU and Article 47 of the EU Charter with a situation in which the members of a judicial inspection body have de facto remained in office indefinitely. Regrettably, however, the highly formalistic ruling will hardly make a difference in Bulgaria from where the preliminary references originated. It fails to address the underlying rule of law challenges faced by both the Judicial Inspectorate and the Supreme Judicial Council in Bulgaria at their core. As such, the judgment is a missed opportunity – an attempt to hand off a hot “rule of law” potato.