Judicial Activism of the European Court of Justice and the Development of the European Social Mode in Anti-Discrimination and Consumer Law

Abstract

My hypothesis, which I try to present in this paper can be broken down into three different affirmations: The ECJ is developing, on the basis of the acquis communautaire, a European Social Framework, not a fully-fledged European Social Model. The ECJ’s Social Model is based on access to justice not on social justice. More recently, the ECJ tends to substitute national social models with its own European Social Model.

Keywords: European Court of Justice, judicial activism, social model, access and social justice