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European Court of Justices Activism in European Integration - Essay Example

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 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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European Court of Justices Activism in European Integration
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European Court of Justices Activism in European Integration

Download file to see previous pages... 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).   ...Download file to see next pagesRead More
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