European Court of Justice – motor for European integration?

Résumé du document

In 1996, British Prime Minister John Major has bitterly noted that European Court of Justice (ECJ) should "have its wings clipped", as already back in 1996 some member states, eager to protect their sovereignty, feared the growing influence of the court. Yet, 10 years later, the response of the President of the Austrian Constitutional Court, Karl Korinek, is bitterly the opposite, an accusation of Court's lack of integration powers. Hence, in this situation of the debate, we might ask, accessing Court's past role and its modern evolution, is European court of Justice a true activist motor for European integration? On the one hand, we will discuss the role of the Court as a motor for legal integration (I). On the other hand, we will see the Court's role in political integration in EU

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[...] First, it increased the role of the institutions against that of the states, for example with 1992 Spain, Belgium and Italy vs. Commission case when EJC ruled that the Commission powers were not only that of observing, but even sanctioning existing monopolies. Likewise, inter-institutional cases grow in numbers, just to note famous isoglucose case (1980) which ruled that the Council could not adopt legislation until it had received the EP's opinion and hence increased the influence of integrationist supranational institution, promoting esprit communautaire Yet, EJC also reaches political integration by ever more touching on socio- politically sensitive issues judging on the policies matter. [...]

[...] ECJ jurisprudence has strengthened and clarified EU law Although the ECJ usually needs a Treaty/legislative base to act (TEC art.46), We might argue that the area of Court's action available for integration is not that rigid, as in its decisions the Court has referred to non-binding Charter, to the recommendations and opinions of the states or to the very vague “general principles of law". Integration is the goal, the methods may diverge and treaties replaced in their context, as ruling 82 says. Likewise, the Court's power of interpretation, particularly in preliminary rulings allows ECJ to truly shape EU law and reach legal integration through common and uniform interpretation. The competence and capacities of the Court serve the same purpose. By 1964 Costa v. ENEL case and 1978 Simmenthal v. [...]

[...] Well, EJC is an impartial arbiter in a Community whose diversity inevitably generates tensions; EJC is also a counter-balance, a judicial control against vile competition that may be destructive to the states if no control whatsoever is imposed on them. The role of the EJC in encouraging this integration is in its very nature, formalist, independent and compromise-seeking. Independent judges prevented from publishing dissenting opinions that might be a base of accusations against them, represent a culturally formal authority that is ready to look for a compromise with the states, as even Van Gend en Loos case presages exceptions, such as movement of capital. B. [...]

[...] Commission case, the court set itself and the EU law beyond the national law, establishing their primacy needed for overlooked integration of the multitude of national systems. The issue of the individuals is particularly interesting here, as in 1963 in the Van Gend en Loos case the Court has ruled that in most circumstances EU law grants rights and imposes obligations on individuals that national courts are bound to enforce. Thus, a strong legal integration on a new level that reaches as far as direct effect on the citizens was reached; a climax point for ECJ that places itself almost as a federalist constitutional court. [...]

[...] European Court of Justice motor for European integration? In 1996, British Prime Minister John Major has bitterly noted that European Court of Justice (ECJ) should “have its wings clipped”, as already back in 1996 some member states, eager to protect their sovereignty, feared the growing influence of the court. Yet years later, the response of the President of the Austrian Constitutional Court, Karl Korinek, is bitterly the opposite, an accusation of Court's lack of integrationist powers. Hence, in this situation of the debate, we might ask, accessing Court's past role and its modern evolution, is European court of Justice a true activist motor for European integration? [...]