The reform of the EU courts (IV). The Need for a Better Focus on the European Court of Justice’s Core Mission. Egmont Paper 96, September 2017

Dehousse, Franklin (2016) The reform of the EU courts (IV). The Need for a Better Focus on the European Court of Justice’s Core Mission. Egmont Paper 96, September 2017. [Policy Paper]

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Abstract

In recent years, the European Court of Justice (ECJ) has sometimes been accused of judicial activism, especially in Great Britain. This accusation is far from new. In 1993, Margaret Thatcher declared to the House of Lords that ‘some things at the Court are very much to our distaste’.1 Before that, Michel Debré had even evoked the Court’s ‘pathological megalomania’.2 From a technical point of view, Rasmussen published a seminal comment in the 1980s,3 and many others followed. There is now a huge volume of literature on the subject.

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