Start Submission Become a Reviewer

Reading: Judicial Activism at the European Court of Justice: A Natural Feature in a Dialogical Context

Download

A- A+
Alt. Display

Research Articles

Judicial Activism at the European Court of Justice: A Natural Feature in a Dialogical Context

Authors:

Valerie Dhooghe ,

attorney at Monard Law
X close

Rosanne Franken,

Tilburg University
X close

Tim Opgenhaffen

Institute of Social Law, KU Leuven
X close

Abstract

This article analyses two aspects of judicial activism at the European Court of Justice. First, four German landmark cases concerning European law demonstrate the dialogical relationship between the European Union and their member states with regard to judicial activism. Here, the question of whether the interaction between the ECJ and the German Constitutional Court (das Bundesverfassungsgericht) has consequences for the amount of judicial activism arises. Second, on the basis of rulings on discrimination law and the internal market law, it is substantiated that activism is not a negative, but a normal feature of the ECJ and that rather judicial restraint constitutes an interesting deviation. Consequently, we conclude that judicial activism at the ECJ is a natural feature in a dialogical context.
How to Cite: Dhooghe V, Franken R and Opgenhaffen T, ‘Judicial Activism at the European Court of Justice: A Natural Feature in a Dialogical Context’ (2015) 20 Tilburg Law Review 122 DOI: http://doi.org/10.1163/22112596-02002004
2
Views
Published on 30 Sep 2015.
Peer Reviewed

Downloads

  • PDF (EN)

    comments powered by Disqus