Role of the European Court of Justice in the Third Pillar: Does Not it Grow Too Fast?

17 Pages Posted: 30 Dec 2014

See all articles by Ivan Grigoriev

Ivan Grigoriev

National Research University Higher School of Economics

Date Written: December 29, 2014

Abstract

The article discusses the role of the European court of justice in the so called third pillar of the European Union. This role, from virtually non-existent in the early 1990s when the third pillar was introduced into the institutional structure of the European Union, grew extensively throughout the 1990-2000s and by the time the pillar structure was abandoned in the Treaty of Lisbon in 2009, the Court has already effectively escaped its limitations by its own case-law. This provides a curious example of judicialization – the process whereby legal institutions gain political power and engage into taking politically salient decisions alongside, and sometimes even instead of politicians acting within majoritarian institutions. By reviewing the ECJ case-law in the third pillar the paper attempts to establish the effect of judicialization on the EU, to evaluate it and to answer the question whether the role of the ECJ grows too fast in the third pillar.

Keywords: Courts, jurisprudence

JEL Classification: K400

Suggested Citation

Grigoriev, Ivan, Role of the European Court of Justice in the Third Pillar: Does Not it Grow Too Fast? (December 29, 2014). Higher School of Economics Research Paper No. WP BRP 11/IR/2014 , Available at SSRN: https://ssrn.com/abstract=2543443 or http://dx.doi.org/10.2139/ssrn.2543443

Ivan Grigoriev (Contact Author)

National Research University Higher School of Economics ( email )

Myasnitskaya street, 20
Moscow, Moscow 119017
Russia

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