The Court of Justice and the Legal System

Abstract

Questions about the judicial or political activism of the European Court of Justice (ECJ) have been the subject of extensive academic and political debate in recent years. The closely related question of the extent to which the Court has made an autonomous contribution to the integration process — that is, a contribution beyond the one the member states have authorized it to make — has also animated scholarly analysis. This chapter will consider whether the increase in intensity is a product of increased judicial activism or of changes in the environment within which the Court operates. While academic analysts have begun to clarify the role played by the ECJ, a more nuanced understanding of the Court and European law is still required if the issue of judicial activism is to be addressed. Specifically, the Court (and law) need to be considered in a broader context than has been typical thus far and the relationship between structure and agency should be made the subject of explicit analysis.