Judicial activism and the ECJ: how should academics respond?

Staff Research Seminar: Professor Anthony Arnull (Birmingham Law School)

Abstract:

Do academics have a role to play in responding to judicial activism by the European Court of Justice? If so, what should that role be? Should they seek to defend the Court against accusations of judicial activism? Should they align themselves with the Court’s critics in an attempt to persuade the Court to change its ways? Or should they adopt a more reserved posture, criticising the Court on technical grounds where a decision appears to be legally unsound but at the same time recognising the special features of the EU legal order and the role attributed to the Court under the Treaties? In an attempt to answer these questions, this seminar will begin by considering the perception academics have of themselves and what we mean by judicial activism. It will then examine whether, and if so to what extent, the Court may be considered activist. It will conclude with some tentative suggestions about the role academics might play in responding to the Court’s case law.

Discussant:  Professor Martin Trybus

• Staff Research Seminars take place at 1pm in the Senior or Junior Common Room, Birmingham Law School
• A sandwich lunch and a glass of wine will be provided from 12:30 pm
• Postgraduate students and academic staff are welcome to attend.