Judicial Activism at the European Court of Justice

Judicial Activism at the European Court of Justice
Author: Bruno de Witte
Publisher: Edward Elgar Publishing
Total Pages: 305
Release: 2013-01-01
Genre: Law
ISBN: 0857939408

ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.

Judicial Activism

Judicial Activism
Author: Luís Pereira Coutinho
Publisher: Springer
Total Pages: 212
Release: 2015-05-26
Genre: Law
ISBN: 3319185497

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

The Power of the European Court of Justice

The Power of the European Court of Justice
Author: Susanne K. Schmidt
Publisher: Routledge
Total Pages: 156
Release: 2014-06-11
Genre: Political Science
ISBN: 1317981294

The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.

The Mimetic Evolution of the Court of Justice of the EU

The Mimetic Evolution of the Court of Justice of the EU
Author: Leonardo Pierdominici
Publisher: Springer Nature
Total Pages: 418
Release: 2020-07-02
Genre: Political Science
ISBN: 3030478645

This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.

The European Court of Justice and the Autonomy of the Member States

The European Court of Justice and the Autonomy of the Member States
Author: Hans-W. Micklitz
Publisher: Intersentia Uitgevers N V
Total Pages: 402
Release: 2012
Genre: Law
ISBN: 9789400000261

There is an impressive body of legal literature on the relationship between the European Court of Justice (ECJ) and its various 'interlocutors' (EU institutions, national jurisdictions, EU interest groups, multinationals, etc.) There has also been occasional speculation at various points in time as to whether or not the ECJ was guilty of 'judicial activism.' Recently however, the ECJ has come under heavy attack from various sides. It has been criticized by leading politicians, national judges, and legal academics for unduly extending the scope of EU law and overstepping its own jurisdiction, to the detriment of the reserved competences or (more broadly) the political autonomy of the Member States. This volume addresses the issue by collecting and confronting the views of leading specialists of EU law, examining the ECJ's recent role in relation to the following five major areas of contention: the general role of the ECJ in defining the scope of EU law in relation to national law * citizenship and migration * fundamental rights and anti-discrimination * internal market * institutional autonomy (rights, remedies, procedures, and sanctions).