Revisiting Judicial Politics in the European Union

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

‘Revisiting Judicial Politics in the European Union is a collection edited by Mark Dawson, Bruno de Witte, and Elise Muir, published in 2024 with Edward Elgar Publishing. The volume has 17 chapters, providing up-to-date insights on judicial politics on 378 pages (including the Introduction and six-page Index). The reader is invited to dive into the book and (re-)learn for herself how “the CJEU positions itself as a political as well as legal actor” (p.2). The single-standing contributions adopt an institutional lens. Each contribution highlights a specific aspect of the Court’s work, often in relation to other institutional actors. Together they cover a wide range of areas of European Union (EU) law.’

• Contents:1 Introduction: locating judicial politics 1Mark Dawson, Bruno de Witte, and Elise Muir2 Revisiting Europe’s ‘law–politics imbalance’ 17Mark Dawson3 Contesting EU law in identity terms 34Loïc Azoulai4 Beyond judicial activism: Europe’s judicial narratives andthe polity-cal role of the Court of Justice 49Antoine Bailleux5 The judicial politics of solidarity 77Floris de Witte6 Judicial politics in the EU rule of law crisis 100Matteo Bonelli and Monica Claes7 The Court of Justice: a fundamental rights institutionamong others within the EU legal order 121Elise Muir8 Unstable structures: the institutional balance and theEuropean Court of Justice 142Julio Baquero Cruz9 Governing the internal market: from judicial politics toordinary politics 171Jan Zglinski10 When EU courts meet science: judicial review ofscience-based measures post-Pfizer 191Luca Knuth and Ellen Vos11 ‘Judicial passivism’ in EU migration and asylum law revisited 229Iris Goldner Lang12 The CJEU and climate (in)activism? 247Sacha Garben13 Judicial control of the politics of differentiated integration 269Bruno De Witte14 The European Court of Justice, an able and unwillinglawmaker: evidence from 920 Free Movement of Personsjudgments 282Urška Šadl and Silje Hermansen15 The activism of national constitutional courts ininterpreting EU law 305Mattias Wendel16 Comparing the activist claim between Strasbourg andLuxembourg in the field of non-discrimination 334Mathias Möschel17 The role of judges in academic and political discourse 352Fulvia Ristuccia and Eleanor Spaventa