The New EU Judiciary An Analysis of Current Judicial Reforms (original) (raw)
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The European Court of Justice has regularly been accused of activism. Recently, this debate has become more acute thanks to various evolutions (Brexit being only one of them). The charge of activism has no serious basis. However, many academic comments, national judgments and sometimes Advocate Generals’ conclusions reflect a decrease in the quality of the Court’s jurisprudence. This is sometimes confused with activism. It is important to study the causes of this reduced quality and examine the different reforms necessary to correct it. They should allow the European Court of Justice to focus better on its core function in the future.
Constitutionalizing the European Court of Justice? The Role of Structural and Procedural Reforms
Italian Journal of Public Law , 2018
In the last five years, the Court of Justice of the European Union has undergone major developments, both in procedural and structural terms. This article seeks to demonstrate that the reforms undertaken by the CJEU will safeguard the exclusive jurisdiction of the Court on the interpretation of EU law and allow it to concentrate on the most relevant references for a preliminary ruling. In doing so, they will enable the Court to better fulfil its mandate as the final arbiter of EU law while continuing to ensure an effective judicial protection. It is argued that, together, the procedural and structural reforms, seen in the light of the recent case-law, represent long- overdue but positive steps in the direction of the implementation of the Nice reform, which can contribute to the emergence of the Court of Justice as the EU Constitutional Court.
German Law Journal, 2015
A. Are Constitutional Courts the "Most Disparaged Branch" in the EU Constitutional System? When debating the constitutionalization of EU law, different views emerge regarding the role of Constitutional Courts. Some scholars see these Courts as the institutions that, since the 1970s, have marked turning points in the construction of the European legal system, thanks to their case law on the protection of fundamental rights, democratic principle, and constitutional "counter limits". Constitutional Courts have provided and can provide invaluable inputs into the activity of the European institutions, particularly to the Court of Justice of the European Union (CJEU), so as to reconcile the national and the supranational.1 According to other scholars, however, Constitutional Courts can be seen as "the most disparaged branch" in the process of European integration, very often criticized for their The articles published in this Speciallssue have been selected, presented, and discussed on the occasion of the call for papers and the conference on The preliminary reference to the Court of Justice of the European Union by Constitutional Courts, held at LUISS Guido Carli University in Rome on 28-29 March 2014 in memory of Gabriella Angiulli, a PhD candidate who worked on this topic at LUISS University and at the University of Siena. The organization of the conference was possible thanks to the funds kindly provided by the Center for Parliamentary Studies, LUISS Guido Carli University, and the invaluable support of
This new book aims to provide some insights on recent trends and patters in judicial dialogue between the Court of Justice of the European Union (hereinafter “CJEU”) and national courts (Constitutional Courts included). The book features seven contributions. Their order is not accidental: specific issues come after more general topics, these latter being dealt with within the first three chapters. The first article included in this book and written by Giuseppe Martinico serves as a relevant introduction to the subject-matter of this book. It aims at exploring the interesting issue of judicial application of the ECHR and EU law, in order to elucidate the vertical relationship between national judges (constitutional and common law alike) and these external legal sources. The second contribution is somehow related to the first one: Ioana Răducu discusses the dialogue between courts, and more precisely the way the former accept the decisions rendered by supranational courts and also the...