Judicial activism at the European Court of Justice [electronic resource] / [edited by] Bruno De Witte, Elise Muir, Mark Dawson.
- Northampton, Mass. : Edward Elgar Pub., 2013.
1 online resource (304 p.)
- Court of Justice of the European Communities.
Judicial review -- Europe.
- Electronic books.
- 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, a
- Cover; Copyright; Contents; Contributors; Preface; 1. Introduction: the European Court of Justice as a political actor; 2. The political face of judicialactivism: Europe's law-politics imbalance; 3. The least dangerous branch of European governance? The European Court of Justice under the checks and balances doctrine; 4. Maybe not activist enough? On the Court's alleged neoliberal bias in its recent labor cases; 5. The Court of Justice: a fundamental rights institution among others; 6. Actively talking to each other: the Court and the political institutions
7. The European Court of Justice in the face of scientific uncertainty and complexity8. The European Court of Justice and the duty to respect sensitive national interests; 9. A cautionary tale: some insights regarding judicial activism from the national experience; 10. Judicial activism and the European Court of Justice: how should academics respond?; 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
12. Strategies developed by - and between - national governments to interact with the ECJIndex
- Includes bibliographical references and index.
- Muir, Elise.
de Witte, Bruno.
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