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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.
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.
The failure of individual and institutional remedies to ensure the effective enforcement of European Union (EU) law has increasingly focused attention on collective routes to ensuring adherance to EU policies and rights. How comprehensive, however, should collective remedies under EU law be? This introductory article - as well as the other articles of this volume - explores the feasibility of a horizontal approach to the collective enforcement of EU law. While the hope for such an approach has been bolstered by the engagement of the EU institutions, the Commission's most recent 2013 Recommendation fails to significantly advance the development of collective remedies at EU level. The article will conclude by exploring some further, non-legislative, alternatives to furthering the collective enforcement of EU law.
With contributions from scholars in a range of different disciplines, this book reflects upon the achievements and failures to date of integration efforts aimed at Europe's Romani populations. The snapshots provided examine a variety of integration efforts at different levels and involving a range of institutional actors. In doing so, they offer a comprehensive introduction to aspects of human rights and integration within the European Union as well as crucial insights as to the current state of affairs in Europe as policy makers reflect on the current direction of initiatives to combat Romani exclusion.(About the Book)
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.
(About the Book)
The last 10 years of EU integration has seen a “rights revolution”, at least in so far as fundamental rights are increasingly the register through which legal conflicts in the EU are articulated. But how are EU fundamental rights enforced in a legal order where enforcement relies upon the navigation of multiple institutions and levels of law? This article will seek to clarify this question, using the example of equality law to explore the various remedies available under EU law to enforce EU fundamental rights, and analysing their various strengths and weaknesses. The article will argue that while EU law has considerably enhanced the possibilities for individuals and groups to challenge breaches of fundamental rights to equality, the system of remedies provided by EU law has serious weaknesses. First, the autonomy provided by EU law for domestic orders to develop their own remedies and rules of access creates significant discrepancies in enforcing fundamental rights across the Member States. Secondly, the enforcement of EU equality law remains primarily based on individual litigation both leaving “gaps” in protection for vulnerable groups and making it difficult to address “systemic” problems of discrimination. The EU’s “rights revolution” both provides legal and political opportunities for social actors while also challenging the EU’s existing system of judicial remedies.
In the summer of 2010, French authorities organized the systematic dismantling of illegal Roma settlements. This resulted in the departure of a large number of Roma-EU citizens from France, as well as a significant dispute between France and the European Commission. While the dispute raises a number of issues of substantive EU law, it also illustrates some important strengths and weaknesses in the system of fundamental rights protection in EU law. This article takes these events as a test case to illustrate that tackling complex problems of human rights protection in the EU requires a hybrid approach in which individual and institutional enforcement mechanisms are complemented by a third level of collective vigilance. While ever since Van Gend & Loos the EU has built a comprehensive system of individual and institutional remedies for the enforcement of EU law, social and political factors may limit their usefulness for vulnerable minorities. The vigilance of collective actors such as networks, NGOs, trade unions and agencies may offer a useful additional layer of protection where they are well-integrated within the classic system of remedies for fundamental rights protection in the EU.