Techreport,
The Court of Justice in the Novel System for the Protection of Fundamental Rights in the EU
SSRN Scholarly Paper, ID 2025883. Social Science Research Network, Rochester, NY, (March 2012)
Abstract
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.
Tags
- activism,
- court
- european
- formalization,
- fundamental
- judicial
- justice
- of
- politicization
- rights,
- the
- union,
