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Judicial Activism At The European Court Of Justice

Judicial Activism At The European Court Of Justice Causes, Responses and Solutions

Author: Bruno De Witte; Elise Muir; Mark Dawson
Publisher: Edward Elgar Publishing
ISBN: 9780857939395
Published In: March 2013
Format: Hardback , 304 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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 Höreth

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
Loïc 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 Role and Potential of Civil Society and Human Rights Organizations through Third Party Interventions Before the European Courts: The Case of 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

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