TY - CHAP A1 - Dawson, Mark A2 - Dawson, Mark A2 - de Witte, Bruno A2 - Muir, Elise T1 - Revisiting Europe’s ‘law-politics imbalance’ T2 - Revisiting Judicial Politics in the European Union N2 - The aim of this chapter is to consider whether accusations of judicial activism towards the European Courts are rooted not in the activity of the CJEU per se but rather a wider ‘imbalance’ between law and politics in the present-day EU. Revisiting an earlier chapter, the chapter considers three sources of such an imbalance: the gap between the jurisdiction of the CJEU and the EU’s legislative competence; judicial reasoning at the EU level; and the imbalance in the EU between market and non-market objectives. While the chapter argues that the EU retains such an imbalance, recent developments, particularly the increasing dynamism of the EU legislature, have significantly narrowed the gap between the EU’s political and legal capacities in the last decade. As the chapter will conclude, the EU carries a less institutionally ‘lonely’ Court than in the past, providing the Union’s judiciary with greater leverage to temper activist claims. Y1 - 2024 UR - https://opus4.kobv.de/opus4-hsog/frontdoor/index/index/docId/5394 SN - 9781035313501 U6 - https://doi.org/10.4337/9781035313518.00007 SP - 17 EP - 33 PB - Edward Elgar Publishing ER -