The Disciplinary Power of the European Court of Justice
(2010) STVM17 20101Department of Political Science
- Abstract
- Abstract
To consider judicial institutions free from any form of political capability is to ignore theories such as judicialization which have described the process and/or ability to secure political needs through judicial procedures. Judicial institutions can thus be regarded as having both judicial and political power. This power can be described through the concept of discipline, which entails the power to correct any form of unwanted behavior. Disciplinary power is therefore here understood as political power. The question becomes whether this is also true for the European Court of Justice (ECJ), which is a part of the judicial institution of the European Union. The fact of the matter is that the ECJ does not only apply law but... (More) - Abstract
To consider judicial institutions free from any form of political capability is to ignore theories such as judicialization which have described the process and/or ability to secure political needs through judicial procedures. Judicial institutions can thus be regarded as having both judicial and political power. This power can be described through the concept of discipline, which entails the power to correct any form of unwanted behavior. Disciplinary power is therefore here understood as political power. The question becomes whether this is also true for the European Court of Justice (ECJ), which is a part of the judicial institution of the European Union. The fact of the matter is that the ECJ does not only apply law but creates law through the vast variation of case-law, which in turn has plowed the way for key principles of community law. Principles such as supremacy, direct effect and state liability have been used to insure compliance and the intended effect of community law. The ECJ has, by introducing and developing these principles, corrected unwanted behavior from member states – despite their at times strong objections. EU’s political needs can therefore be insured through its judicial medium – the European Court of Justice. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1608366
- author
- Perez, Monica LU
- supervisor
- organization
- course
- STVM17 20101
- year
- 2010
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- European Court of Justice, Judicialization, Disciplinary Power, Principles of law, Case-law
- language
- English
- id
- 1608366
- date added to LUP
- 2010-06-29 13:16:16
- date last changed
- 2010-06-29 13:16:16
@misc{1608366,
abstract = {{Abstract
To consider judicial institutions free from any form of political capability is to ignore theories such as judicialization which have described the process and/or ability to secure political needs through judicial procedures. Judicial institutions can thus be regarded as having both judicial and political power. This power can be described through the concept of discipline, which entails the power to correct any form of unwanted behavior. Disciplinary power is therefore here understood as political power. The question becomes whether this is also true for the European Court of Justice (ECJ), which is a part of the judicial institution of the European Union. The fact of the matter is that the ECJ does not only apply law but creates law through the vast variation of case-law, which in turn has plowed the way for key principles of community law. Principles such as supremacy, direct effect and state liability have been used to insure compliance and the intended effect of community law. The ECJ has, by introducing and developing these principles, corrected unwanted behavior from member states – despite their at times strong objections. EU’s political needs can therefore be insured through its judicial medium – the European Court of Justice.}},
author = {{Perez, Monica}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Disciplinary Power of the European Court of Justice}},
year = {{2010}},
}