European Court of Justice – motor for European integration?

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European Court of Justice – motor for European integration?

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Abstract

In 1996, British Prime Minister John Major has bitterly noted that European Court of Justice (ECJ) should "have its wings clipped", as already back in 1996 some member states, eager to protect their sovereignty, feared the growing influence of the court. Yet, 10 years later, the response of the President of the Austrian Constitutional Court, Karl Korinek, is bitterly the opposite, an accusation of Court's lack of integration powers. Hence, in this situation of the debate, we might ask, accessing Court's past role and its modern evolution, is European court of Justice a true activist motor for European integration? On the one hand, we will discuss the role of the Court as a motor for legal integration (I). On the other hand, we will see the Court's role in political integration in EU

Introduction.
ECJ provides an effective framework for motoring European legal integration.
1. ECJ jurisprudence has strengthened and clarified EU law.
2. ECJ has provided a dynamic framework for effective and simplified integration drive.
ECJ is an efficient motor for political European integration on national and EU levels.
1. Integrating through voluntary submission of national member states to the European legal order.
2. Strengthening European policies and functioning of European institutions.
Conclusion.
Bibliography.

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[...] In a way, the establishment of Court of First Instance in 1988, special judicial panels under 2000 Nice Treaty or European Union Civil Service Tribunal in 2003, has relieved the EJC workload helping it to concentrate on integration on one hand and bringing citizens closer to European judicial system in a drive close to creation of law on the other hand. Indeed, as EJC sees the number of its cases grow, since 1960s they've almost doubled, the Court achieved integration through legal unity and dynamism. [...]

[...] Strengthening European policies and functioning of European institutions Although: ECJ cannot judge affairs relating to second and third pillars and control policies relating to this areas, it has strengthened and clarified functioning of EU institutions. First, it increased the role of the institutions against that of the states, for example with 1992 Spain, Belgium and Italy vs. Commission case when EJC ruled that the Commission powers were not only that of observing, but even sanctioning existing monopolies. Likewise, inter-institutional cases grow in numbers, just to note famous isoglucose case (1980) which ruled that the Council could not adopt legislation until it had received the EP's opinion and hence increased the influence of integrationist supranational institution, promoting esprit communautaire Yet, EJC also reaches political integration by ever more touching on socio- politically sensitive issues judging on the policies matter. [...]

[...] One might thus regret the non-ratification of the Constitution, as this would have constitutionalised the European Charter of Human Rights leading to its visibility and hence even greater European integration. Bibliography Generalist manuscripts HARTLEY T.C., The Foundations of European Community Law, Oxford, Clarendon Press MAGNETTE, Paul, Le régime politique de l'Union Européenne, Paris, Sciences Po Les Presses, 2006-11-17 NUGENT, Neil, The government and politics of the European Union, New York, The European Union Services, Palgrave Specific works BOUDANT, Joël, La Cour de Justice des Communautés Européennes, Paris, Connaissance de droit, Dalloz DEHOUSSE, Renaud, La Cour [...]

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