Judicial Activism at the European Court of Justice

Edited by Mark Dawson, Professor of European Law and Governance, Hertie School, Berlin, Germany, Bruno De Witte, Professor of European Law, Maastricht University, the Netherlands and Elise Muir, Professor of European Law, KU Leuven, Belgium

‘This well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the Court’s role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.’

• Contents:Preface1. Introduction: The European Court of Justice as a Political ActorElise Muir, Mark Dawson and Bruno de Witte2. The Political Face of Judicial Activism: Europe’s Law-politics ImbalanceMark Dawson3. The Least Dangerous Branch of European Governance? The European Court of Justice Under the Checks and Balances DoctrineMarcus Höreth4. Maybe Not Activist Enough? On the Court’s Alleged Neoliberal Bias in its Recent Labor CasesClemens Kaupa5. The Court of Justice: A Fundamental Rights Institution Among OthersElise Muir6. Actively Talking to Each Other: The Court and the Political InstitutionsVassilis Hatzopoulos 7. The European Court of Justice in the Face of Scientific Uncertainty and Complexity Ellen Vos8. The European Court of Justice and the Duty to Respect Sensitive National InterestsLoïc Azoulai 9. A Cautionary Tale: Some Insights Regarding Judicial Activism from the National ExperienceMaartje de Visser10. Judicial Activism and the European Court of Justice: How Should Academics Respond?Anthony Arnull11. The Potential of Civil Society and Human Rights Organizations Through Third-Party Interventions Before the European Courts: The EU’s Area of Freedom, Security and JusticeSergio Carrera and Bilyana Petkova 12. Strategies Developed by – and Between – National Governments to Interact with the ECJ Mielle Bulterman and Corinna WisselsIndex