|Article title||Judicial Activism Phenomenon in the Practice of the Court of Justice of the European Union|
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
For Ukrainian lawyers, the issue of judicial activism (broad interpretation) is rather abstract and distant from reality. However, this phenomenon is well known to European lawyers, especially in the context of operation of such a supranational judicial institution as the Court of Justice of the European Union (hereinafter – ECJ). Since the European Union (EU) has broad competence, the jurisdiction of its judiciary covers almost all areas of social relations, thus entailing the impact of its decisions on integration legal order. The ECJ has a pro-active attitude towards the development of integration legal order and its enhancement, and this gives rise to the phenomenon of judicial activism in its practice. The purpose of this article is to elucidate the judicial activism trends of the EU Court of Justice and its impact on the EU institutional dynamics which can be evolutionary traced. It is noted that the position of the ECJ has evolved from a judicial body making technical interpretation of incorporation agreements to the body which has an impact on the policies of Member States. This position of the ECJ quite often objectively contradicted the political and economic interests of Member States and evoked political resistance amidst European communities, but finally, Member States recognized it. The development of the judicial activism phenomenon in the EU is intricately linked to the years of crisis of the European integration in 1960-70s. It is that crisis that drove the ECJ to guarantee more actively the European integration objectives and the competences of European communities. Developing the concepts of the rule of law and the direct effect of EU law, the ECJ contributed to the overcoming of that crisis, although the European integration process, in a sense, represents the confrontation of national and supranational structures. The ECJ acted on the basis of an assumption that Member States should follow its practice with regard to the matters which are fundamental for EU legal order even in the areas referred to the exclusive competence of States. Member States should implement its competence in accordance with EU law, and this is why significant changes in the policies of the States occur. The activism of the EU Court of Justice has become a cornerstone instrument of the EU institutional dynamics and has established an inextricable link between legal and political integration in the EU, and its decisions are very often used as the basis not only for acts of primary or secondary EU law, but as a certain framework for the establishment of national policies as well.
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