The European Court of Justice as a Federator

Donna Starr-Deelen and Bart Deelen

Publius: The Journal of Federalism, vol. 26, issue 4, 81-97

Abstract: The European Court of Justice is often seen as the motor of European legal integration because it “constitutionalized ” the treaties establishing the European Communities (EC) through its jurisprudence. In reality though, the Court's role has rather been that of a promotor or provocateur because the member states and the national courts have been, by and large, cooperative partners in this process, and many of the political consequences of the Court's rulings have been hidden in its legal language. The Court will likely be careful in the future about continuing its judicial activism with the same vigor. Since the Treaty on European Union, many politically divisive issues are potentially open to the Court's interpretation. In addition, the cooperative attitude, by member states and the national courts, is no longer guaranteed. Copyright , Oxford University Press.

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