On Misguided Judicial Deference by the ECJ and ECRTHR
DISPUTE RESOLUTION, C. Baudenbacher, ed., German Law Publishers, 2009
7 Pages Posted: 29 Dec 2009
Date Written: December 28, 2009
This contribution analyzes several cases in which both the ECJ and ECrtHR showed a misguided deference by not actually deciding the case but rather rendering unconvincing judgments. It is argued that in highly sensitive case, courts should instead refuse to be abused by parties for resolving disputes that should rather be solved by political decisions.
Keywords: judicial deference, dispute resolution, ECJ, ECRTHR
Suggested Citation: Suggested Citation