The European Court: The Forgotten Powerhouse Building the European Superstate

Abstract

Less attention is paid to the European Court of Justice than to other European Union institutions when discussing the centralising tendencies of the Union. However, the court has given an important impetus to the process of centralisation through its individual decisions and also through its tendency to give effect in its decisions to what it believes to be the 'purpose' of EU treaties rather than to the text of the treaties. The proposed EU constitution will significantly widen the power of the European Court since it includes articles which are wide open to a number of different interpretations, and it will be for the court to decide how they should be interpreted.