JUDICIAL ACTIVISM WITHIN THE COURT OF JUSTICE OF THE EUROPEAN UNION: A USEFUL CRITICS OR OVERATED CONCEPT

  • Ivica Josifovic

Abstract

In recent years, the Court of Justice of the European Union (CJEU) was


criticized for judicial activism and such critics are far from new. This


criticism is gaining momentum when the role of the European Union


(EU) and its judicial system is examined in member-states. More and


more national supreme courts and constitutional courts have criticized the


CJEU not only for its activity, but also for its poor technical competence


in some judgments. The paper aims to elaborate this issue, to identify the


reasons and to give its own perspective on the future of the EU judicial


system, which under the Lisbon Treaty has undergone several reforms,


especially in the way the judges are elected, the number of judges in the


General Court, the dissolve of specialized courts, etc. Although there is


little ground for criticism of judicial activism, the CJEU itself is careful


not to be involved in such a thing. Furthermore, the criticism that the


CJEU has a deficiency of technical competence gives greater importance


to activism, having in mind some national judgments or the opinions of


General Advocates. This issue is related to the reform of the organization


and the management of the CJEU to better meet the needs of the parties,


national courts and citizens. The paper concludes that the CJEU needs to


focus more on its core function by concentrating on substantive issues


and possibly returning to the three-tiered judicial system.

Published
May 21, 2019
How to Cite
JOSIFOVIC, Ivica. JUDICIAL ACTIVISM WITHIN THE COURT OF JUSTICE OF THE EUROPEAN UNION: A USEFUL CRITICS OR OVERATED CONCEPT. Proceedings of the International Scientific Conference "Social Changes in the Global World", [S.l.], v. 1, n. 5, p. 335-357, may 2019. Available at: <http://js.ugd.edu.mk/index.php/scgw/article/view/2940>. Date accessed: 24 aug. 2019.