European Court and the problem of perception of state sovereignty: comparative measurement

Abstract

The European Court of Justice, created in the early 1950s, has significantly expanded its powers. The main factor in the expansion of European law was national courts addressing the European Court of Justice for interpretations (in 19932009 saw from 200 to 300 prejudicial inquiries per year; the number has risen up to 400 and even exceeded this figure since 2010, which is not that much for three dozens of member states). The court recognized the emergence of the European legal system in the 1960s. (Case Van Gend en Loos v. Nederlandse Administratie der Belastingen; Costa v. ENEL; International Handelsgesellschaft). It approved the principle of free movement of goods and services in 1970. Such court decisions as Dassonvill,Cassis de Dijon,Omega became quite well-known. In the 1990s, the Court paid even more attention to humanitarian issues. However, not all the decisions of judicial authority are public oriented. Basically, they do not count the state's interests in two types of cases: 1) associated with the intervention of the Member States jurisdiction under the pretext of protection of the fundamental principles of European law, and 2) relating to the interpretation of the expansion of the European Union citizenship. These spheres of life are particularly controversial for certain countries, national budgets and the sovereignty (potentially troublesome in the future as an artificially stimulating immigration is the case of Gerardo Riuz Zambrano v. Office national de l'emploi). The same are the cases of labor disputes that undermine trade union rights (pay attention to the Viking Line case; Laval). Sometimes, certain states, politicians and lawyers angered by the judicial expansion. National courts rarely show open discontent of the European Court, but apparently refrain from making prejudicial questions en masse. Public opinion in Europe shows less and less confidence in the European Court of Justice. This is especially true for Greece, Spain, Italy, Portugal, the UK, Cyprus (confidence level is only about 30-35% or less).