ASPECTS OF JUDICIAL ACTIVISM BY THE CJEU AND THE ECtHR
Year: 2025
Type: article
Abstract: This article explores the phenomenon of judicial activism within two pivotal international courts: the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). It begins by addressing the legitimacy deficits that international adjudicatory bodies often face, particularly in navigating the tension between judicial independence and political accountability. The analysis then turns to the structural and procedural factors that foster activist tendencies in the CJEU, focusing on the roles played by litigation participants, procedural dynamics, and the scope of judicial discretion. In parallel, the article examines the ECtHR's internal mechanisms, citation practices, and its commitment to an evolutive interpretation of the European Convention on Human Rights as key drivers of its activist posture. Finally, the article identifies common challenges both courts encounter, including issues of democratic legitimacy, institutional overreach, and the broader implications of judicial activism for the European legal order. By comparing these two influential courts, the study offers a nuanced understanding of how international judicial bodies navigate their expanding roles within an evolving legal and political landscape.
Author: Somarakis, Ioannis
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7087672622
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