Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-22dnz Total loading time: 0 Render date: 2024-04-26T22:19:20.525Z Has data issue: false hasContentIssue false

7 - Conclusion: litigation, mobilization and governance

Published online by Cambridge University Press:  22 September 2009

Rachel A. Cichowski
Affiliation:
University of Washington
Get access

Summary

The European Court of Justice (ECJ) today is one of the main motors of governance in Europe. It has turned a relatively young body of law into a dynamic and coherent legal system governing and protecting public interests and civil society. This reality was exemplified by a vision put forth by Advocate General Trabucchi thirty years ago and reaffirmed by Advocate General Tesauro in the Court's courageous P.v S. decision (ECJ 1996d: paragraph 24):

If we want Community law to be more than a mere mechanical system of economics and to constitute instead a system commensurate with the society which it has to govern, if we wish it to be a legal system corresponding to the concept of social justice and European integration not only of the economy but of the people, we cannot disappoint the [national] court's expectations, which are more than those of legal form.

(ECJ 1975: 697)

All have not welcomed this evolution from the legal to the political, from economic to social justice; some critics have suggested that the Court suffers from “morbid megalomania” or a tendency of “running wild” or engaging in “revolting judicial behavior.” More accurately, one might describe the ECJ as dutiful worker, carrying out the ever challenging and increasingly complex job to which it was mandated almost fifty years ago: “The Court of Justice shall ensure that in the interpretation and application of the Treaty the law is observed” (Article 164 Treaty of Rome).

Type
Chapter
Information
The European Court and Civil Society
Litigation, Mobilization and Governance
, pp. 242 - 263
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×