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 - from access rules to institutional design and to substantive functions - influencing the European Court's 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 - and corresponding responsibilities - that the Court's 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.
Edited by Mark Dawson, Hertie School of Governance, Germany, Bruno De Witte, Professor of European Union Law, Maastricht University, the Netherlands, part-time professor, European University Institute (EUI), Italy and Co-director of the Maastricht Centre for European Law and Elise Muir, Maastricht University, the Netherlands
Contents: Preface 1. Introduction: The European Court of Justice as a Political Actor Elise Muir, Mark Dawson and Bruno de Witte 2. The Political Face of Judicial Activism: Europe's Law-politics Imbalance Mark Dawson 3. The Least Dangerous Branch of European Governance? The European Court of Justice Under the Checks and Balances Doctrine Marcus Horeth 4. Maybe Not Activist Enough? On the Court's Alleged Neoliberal Bias in its Recent Labor Cases Clemens Kaupa 5. The Court of Justice: A Fundamental Rights Institution Among Others Elise Muir 6. Actively Talking to Each Other: The Court and the Political Institutions Vassilis Hatzopoulos 7. The European Court of Justice in the Face of Scientific Uncertainty and Complexity Ellen Vos 8. The European Court of Justice and the Duty to Respect Sensitive National Interests Loic Azoulai 9. A Cautionary Tale: Some Insights Regarding Judicial Activism from the National Experience Maartje de Visser 10. Judicial Activism and the European Court of Justice: How Should Academics Respond? Anthony Arnull 11. The Potential of Civil Society and Human Rights Organizations Through Third-Party Interventions Before the European Courts: The EU's Area of Freedom, Security and Justice Sergio Carrera and Bilyana Petkova 12. Strategies Developed by - and Between - National Governments to Interact with the ECJ Mielle Bulterman and Corinna Wissels Index