Against the Idea of 'Americanization' of European Judicature in the Context of the New Era of Judicial Globalization

Abstract

When the discussion about the global expansion of judicial power comes across the European Court of Justice's case law, it is taken as example in order to show how the common law wind of USA Supreme Court is now blowing also on Luxemburg. In other words, through the emerging role of the Judicature in the old continent, it would be progressively developing a gradual americanization of European constitutional law. Against this view it is worth emphasizing that the analysis of the European experience related to our topic constitutes a interesting field of research not only because it represents a meaningful expression of judicial globalization trend, but also (and perhaps mainly) because, within this scenario, it seems able to constitute a specific model of expansion of the judicial power.