6533b81ffe1ef96bd1278f3c

RESEARCH PRODUCT

Democratic Legitimacy and the Court of Justice of the European Union

Peter Gjortler

subject

European Union lawScots lawLawJurisprudencePolitical scienceLegal certaintymedia_common.cataloged_instanceFundamental rightsEuropean unionInternational lawJudicial activismmedia_common

description

The chapter on democratic legitimacy and the Court of Justice of the European Union (CJEU) focuses on whether the CJEU through judicial activism may be claimed to have established its jurisprudence beyond the bounds of democratic legitimacy. Judicial activism has to a large extent been found in cases concerning the prerogatives of the CJEU, while in relation to other issues, such as the application of fundamental rights, the CJEU has demonstrated political awareness in its use of judicial activism, which however has diminished legal certainty. In general the CJEU has acted within the bounds of democratic legitimacy, but further clarification of its jurisprudence in controversial areas may be required, as any amendment of the EU treaties in the near future would seem unlikely.

yearjournalcountryeditionlanguage
2016-12-20
https://doi.org/10.1007/978-3-319-41381-5_8