The Power of the European Court of Justice
Susanne K. Schmidt, R. Daniel Kelemen - Routledge, 2012
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The European Court of Justice (ECJ) has
played a vital role in promoting the process of European integration. In recent
years, however, the expansion of EU law has led it to impact ever more
politically sensitive issues, and controversial ECJ judgments have elicited
unprecedented levels of criticism. Can we expect the Court to sustain its role
as a motor of deeper integration without Member States or other countervailing
forces intervening? To answer this question, we need to revisit established
explanations of the Court’s power to see if they remain viable in the Court’s
contemporary environment. We also need to better understand the ultimate limits
of the Court’s power – the means through which and extent to which national
governments, national courts, litigants and the Court’s other interlocutors
attempt to influence the Court and to limit the impact of its rulings.
In this book, leading scholars of European law and politics investigate how
the ECJ has continued to support deeper integration and whether the EU is
experiencing an increase in countervailing forces that may diminish the Court’s
ability or willingness to act as a motor of integration.
This book was published as a special issue of the Journal of European Public
Policy.
