Tagged: Judging Europe’s Judges – The Legitimacy of the Case Law of the European Court of Justice

POMFR: Judging Europe’s Judges – The Legitimacy of the Case Law of the European Court of Justice

In these times of increasing euroscepticism, critics of the European Union often contest the Union’s very raison d’être by referring to measures such as the “Bent Cucumber Regulation” and enquire after its right to legislate and adjudicate on areas that traditionally used to be within the scope of sovereign nation-states. What they actually enquire after in most of the cases is the legitimacy of the EU, having undergone an unprecedented and enormous transformation during the last 50 years from economic community to state-like polity, and its adjudicator, the Court of Justice (CJEU), whose jurisdiction ratione materiae has similarly expended and is now encompassing an unparalleled number of fields. The question remains whether the CJEU has shown too much judicial activism by using the instrument of teleological interpretation and whether it crossed the boundaries into the realm of illegitimacy. The time seems therefore ripe for a book like the one under review here, which is a volume of collected articles, edited by Maurice Adams, Henri de Waele, Johan Meeusen, and Gert Straetmans, fittingly entitled Judging Europe’s Judges: The Legitimacy of the Case Law of the European Court of Justice (Hart Publishing 2013) examining the legitimacy of the Luxembourg Court in areas as diverse as the internal market, citizenship, or the EU’s external relations.

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