Judicial Activism at the European Court of Justice

Judicial Activism at the European Court of Justice book cover

Judicial Activism at the European Court of Justice

Author(s): Mark Dawson (Editor), Bruno De Witte (Editor), Elise Muir (Editor)

  • Publisher: Edward Elgar Publishing Ltd
  • Publication Date: 29 Mar. 2013
  • Language: English
  • Print length: 304 pages
  • ISBN-10: 0857939394
  • ISBN-13: 9780857939395

Book Description

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.

Contributors: A. Arnull, L. Azoulai, M. Bulterman, S. Carrera, M. Dawson, M. de Visser, B. de Witte, V. Hatzopoulos, M. Höreth, C. Kaupa, E. Muir, B. Petkova, E. Vos, C. Wissels

Editorial Reviews

Review

‘This well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the Court’s 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.’ — Gareth Davies, VU University of Amsterdam, the Netherlands

About the Author

Edited by Mark Dawson, Professor of European Law and Governance, Hertie School, Berlin, Germany, Bruno De Witte, Professor of European Law, Maastricht University, the Netherlands and Elise Muir, Professor of European Law, KU Leuven, Belgium

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