Revisiting Judicial Politics in the European Union

This work by Dawson, De Witte and Muir is very welcome, and a must-have for students and scholars of EU law. Focusing on the perennially relevant theme of judicial politics, the volume features a stellar line-up of contributors addressing many different dimensions of judicial activism, and the engagement of judicial decision-making with politics in the European Union. The interaction with national courts and the ECHR also figure in several chapters, as do the topical issue areas of migration and asylum, free movement, discrimination, judicial independence, and scientific expertise. -- Grinne De Brca, European University Institute, Italy and New York University, US

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

Contents: 1 Introduction: locating judicial politics 1 Mark Dawson, Bruno de Witte, and Elise Muir 2 Revisiting Europes lawpolitics imbalance 17 Mark Dawson 3 Contesting EU law in identity terms 34 Loc Azoulai 4 Beyond judicial activism: Europes judicial narratives and the polity-cal role of the Court of Justice 49 Antoine Bailleux 5 The judicial politics of solidarity 77 Floris de Witte 6 Judicial politics in the EU rule of law crisis 100 Matteo Bonelli and Monica Claes 7 The Court of Justice: a fundamental rights institution among others within the EU legal order 121 Elise Muir 8 Unstable structures: the institutional balance and the European Court of Justice 142 Julio Baquero Cruz 9 Governing the internal market: from judicial politics to ordinary politics 171 Jan Zglinski 10 When EU courts meet science: judicial review of science-based measures post-Pfizer 191 Luca Knuth and Ellen Vos 11 Judicial passivism in EU migration and asylum law revisited 229 Iris Goldner Lang 12 The CJEU and climate (in)activism? 247 Sacha Garben 13 Judicial control of the politics of differentiated integration 269 Bruno De Witte 14 The European Court of Justice, an able and unwilling lawmaker: evidence from 920 Free Movement of Persons judgments 282 Urka adl and Silje Hermansen 15 The activism of national constitutional courts in interpreting EU law 305 Mattias Wendel 16 Comparing the activist claim between Strasbourg and Luxembourg in the field of non-discrimination 334 Mathias Mschel 17 The role of judges in academic and political discourse 352 Fulvia Ristuccia and Eleanor Spaventa