Abstract
This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial activism of the EU judge in the jurisprudence concerning the relationship between European and public international law? How does the EU judge’s approach to international law shape the relationship between the two legal orders?
The chapter proposes the hypothesis that judicial activism and a pluralistic structure of international legal order create structural possibilities for the EU judge to engage in a dialogue shaping the relations among legal orders on the international scene. Further, the defense of the autonomy of European legal order as an important factor guiding the EU judges leads to a diversified approach towards international and national legal orders.
The chapter proposes the hypothesis that judicial activism and a pluralistic structure of international legal order create structural possibilities for the EU judge to engage in a dialogue shaping the relations among legal orders on the international scene. Further, the defense of the autonomy of European legal order as an important factor guiding the EU judges leads to a diversified approach towards international and national legal orders.
| Original language | English |
|---|---|
| Title of host publication | Recent Trends in the Case Law of the Court of Justice of the EU (2008-2011) |
| Editors | Javier Díez-Hochleitner, Carmen Martínez Capdevila, Irene Blázquez Navarro , Javier Frutos Miranda |
| Publisher | Wolters Kluwer |
| Publication date | 2012 |
| ISBN (Print) | 9788490200513 |
| Publication status | Published - 2012 |