The Court of Justice in the Novel System for the Protection of Fundamental Rights in the EU
Maastricht University - Faculty of Law
March 19, 2012
Maastricht Faculty of Law Working Paper, 2012-5
In the past decades, the system for the protection of fundamental rights in the European Union has undergone three important changes: a stronger ‘constitutional’ mandate for the EU in this field, a formalization of the rights to be protected and a politicization of the fundamental rights debate at EU level. This paper argues that these changes are likely to make the Court of Justice of the European Union particularly vulnerable to claims of judicial activism. The Court indeed now operates with an enhanced mandate in an increasingly complex inter‐institutional setting. Its actions will be scrutinized in the light of that of other European fundamental rights institutions each entrusted with fundamental rights issues; such institutions do not only involve domestic constitutional courts and the European Court for Human Rights but also EU political institutions now increasingly active in shaping EU fundamental rights policy.
Number of Pages in PDF File: 26
Keywords: Court of Justice of the European Union, Fundamental Rights, Judicial Activism, Politicization, Formalization
Date posted: March 20, 2012 ; Last revised: July 23, 2012