26 Pages Posted: 20 Mar 2012 Last revised: 23 Jul 2012
Date Written: March 19, 2012
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.
Keywords: Court of Justice of the European Union, Fundamental Rights, Judicial Activism, Politicization, Formalization
Suggested Citation: Suggested Citation
Muir, Elise, The Court of Justice in the Novel System for the Protection of Fundamental Rights in the EU (March 19, 2012). Maastricht Faculty of Law Working Paper, 2012-5. Available at SSRN: https://ssrn.com/abstract=2025883 or http://dx.doi.org/10.2139/ssrn.2025883
By Mark Dawson
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