Judicial policy-making and independence in continental Europe: the rise of courts’ activism

Cristina Dallara, Carlo Guarnieri and Patrizia Pederzoli

Chapter 15 in Research Handbook on Judging and the Judiciary, 2025, pp 297-315 from Edward Elgar Publishing

Abstract: In recent decades, continental Europe has been affected by the increased political significance of courts, the so-called judicialisation of politics. This chapter assesses some factors that have supported this evolution, with reference to France, Italy, and Spain. First, it considers the institutional setting of the judiciary and the reforms that have enhanced the independence of judges vis-à-vis the other branches of government. Attention is also paid to the expansion of constitutional justice, which has opened additional ways for courts to assert their autonomy. Second, an under-explored factor is introduced: the role of judicial associations, which stand today as prominent actors in the governance of the judiciary. Their relevance is also due to the fact that they contribute to elaborating and diffusing more activist conceptions of the judicial role. Finally, a recent case study of judicial policy-making in a crucial field is offered. By comparing how asylum demands are adjudicated in Italy and France, the chapter highlights the interactions between judicial settings and role conceptions.

Keywords: Asylum; Constitutional justice; Judicial associations; Judicial independence; Judicial role; Judicialisation (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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