Arnull, Anthony --- "Judicial activism and the European Court of Justice: how should academics respond?" [2013] ELECD 424; in Dawson, Mark; De Witte, Bruno; Muir, Elise (eds), "Judicial Activism at the European Court of Justice" (Edward Elgar Publishing, 2013) 211

Book Title: Judicial Activism at the European Court of Justice

Editor(s): Dawson, Mark; De Witte, Bruno; Muir, Elise

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939395

Section: Chapter 10

Section Title: Judicial activism and the European Court of Justice: how should academics respond?

Author(s): Arnull, Anthony

Number of pages: 22

Abstract/Description:

Do academics have a role to play in responding to judicial activism by the European Court of Justice (‘the Court’ or ‘the ECJ’)? If so, what should that role be? Should they seek to defend the Court against accusations of judicial activism? Should they align themselves with the Court’s critics in an attempt to persuade the Court to change its ways? Or should they adopt a more reserved posture, criticising the Court on technical grounds where a decision appears to be legally unsound but at the same time recognising the special features of the EU legal order and the role attributed to the Court under the Treaties? To answer these questions, I propose to begin by considering the perception academics have of themselves and what we mean by judicial activism. I will then examine whether, and if so to what extent, the ECJ may be considered an activist court. I will conclude with some tentative suggestions about the role academics might play in responding to the Court’s case law.