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The history of the European courts

5 important questions on The history of the European courts

The history of the ECJ demonstrates its increasing involvement in European affairs. Why is this partly predictable?

Because the expansion and deepening of European integration requires the existence of a judicial authority with adequate judicial powers to ensure the appropriate interpretation and enforcement of EU law by the EU and its member states, as well as to protect individual rights.

Why does the Court's limited jurisdiction offer new arguments to those criticizing the EU for its democratic deficit?

Because full court scrutiny is deemed an essential requirement for a modern democracy and this is something that the EU appears to be lacking.

Why are the EU treaties generally vague?

Because their provisions are drafted broadly, sometimes as a result of political disagreements among member states about the details.

The EU treaties establish only a general legal framework, giving the EU institutions what?

The power to create the detailed rules and to fill in any gaps in legislation.

The Court has made maximum use of this gap-filling opportunity, and has managed over the years to extend its powers and EU competences well beyond their original boundaries, thus fuelling the argument about what?

About the Court's judicial activism.

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The history of the European courts

5 important questions on The history of the European courts

The history of the ECJ demonstrates its increasing involvement in European affairs. Why is this partly predictable?

Why does the Court's limited jurisdiction offer new arguments to those criticizing the EU for its democratic deficit?

Why are the EU treaties generally vague?

The EU treaties establish only a general legal framework, giving the EU institutions what?

The Court has made maximum use of this gap-filling opportunity, and has managed over the years to extend its powers and EU competences well beyond their original boundaries, thus fuelling the argument about what?

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