This essay describes the evidence activism the European Court of Justice in pushing forward European Integration.The process of European integration, despite the criticism of varying nature and magnitude from various corners, has culminated into a successful endeavor…
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One of the major features of ECJ reflects in its weakness as compared to the courts on national levels, especially so far it relates to “compliance” with the judgments it passes (639). On the other hand, its power transcends that of other tribunals of an international level such as the International Court of Justice and, therefore, it always remains as the center of “scholarly attention” (640). Though from a political perspective, the court has come under a volley of criticism from various sources for its activism and “political role” its position as an international legal framework has been pivotal in the settlement of various issues (640). The former ECJ Judge Federico Mancini while admitting that judges are often “incompetent” when it comes to the question of lawmaking contends, referring to the stagnation in the process of European integration, that it has been the judicial activism of the ECJ that helped salvage this situation (640). In the melee of debates revolving around the functioning of ECJ and its relation with the member nations of European Union, it transpires that on the one hand legal fraternity focuses on the relationship between national law and European law, while on the other, political discussions often revolve around the notion that ECJ’s conduct rather serves the “interests of the most powerful” EU member nations (640).
Judicial activism can be perceived as a process by which judges redefine or modify a law from its original position as envisaged in legal sources whereby they substitute their decisions for that of “elected, representative bodies” (Popovic 2009:363). This definition of Judicial Activism, proposed by Justice Paul Mahoney, condemns judicial actions which are intended or required to “achieve justice” in specific cases (363).
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This essay explores the perceived judicial activism of the (ECJ) in an attempt to create a constitutional foundation for the European Union (EU). Judicial activism in the case of ECJ refers to the political implications of the policies made by the court in its interpretative role (Rasmussen 45) The detractors of the ECJ feel that it promotes European federalism to the detriment of the interests of Member States.
JUDICIAL ACTIVISM BY EUROPEAN COURT OF JUSTICE . Introduction The European Community Courts have played a decisive role in the integration process of the European Union. The European Court of Justice (ECJ) has especially assumed key role by constantly pursuing legal assimilation in the EU by offering flesh and substance to an outline Treaty, thereby plugging in loopholes in the European laws, and improving the effective implementation of Community law in the provinces of the member states1.
Yet, despite all these advances in creating and developing the international legal framework and structures supportive of human rights, human rights violations continue to occur in all parts of the world. In fact human rights violations are on the rise in particular countries and sub-regions and have been and are still being committed by States that have signed or acceded to human rights treaties.
The memorandum was produced for the French government as a proposal for the European Union in 1930. As such European integration can, therefore, be said to be the process of cooperation of the European states and those states that are partly in Europe. The integration is on legal, political social and even economical platforms.
The notion of direct effect which is rights conferred on individuals by the Community law to be enforced in national courts has not been openly contained in the EC Treaties. This idea was formulated first in the European Court of Justice's during the judgment of Van Gend en Loos in 1963.1
nd only later came to be viewed as a constitutional document.”2 The judicial rulings of the ECJ in the 1960s and 1970s have in effect resulted in a constitutionalization of the treaties establishing the European Union through its jurisprudence. In fact, according to D.
uture of the European continent will hold closer cultural and economic integration where the culture of Europe as well as the economy of Europe will take precedence over local cultures and laws. At the same time, it can be said that economic integration will bring cultural
Basically, the ECJ’s task here was to consider whether Article 5(2) on the Gender Directive was compatible with Article 6(2) of the Treaty with a keen interest in the principle of equality and non-discrimination guaranteed by that provision. These proceedings were against the Conseil des ministres for annulment of a section of the law.
According to the report the paper will give relevant examples of countries that have embraced the European integration and some of the economic benefits they have had. Perhaps one could also argue that integration helps to foster unity and good relations among the member states. This is embodied in the integration.
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