Abstract

This article explores the political foundations of judicial independence in the European Union and asks to what degree is the ECJ insulated against court curbing mechanisms that might threaten judicial independence? The article reviews the major court curbing mechanisms identified in the literature on American law and politics and assesses the extent to which these mechanisms might be applied in restraining the ECJ. The evidence and analysis suggests that the ECJ is remarkably well insulated against each of the major court curbing mechanisms identified in the literature.

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