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Polisario Front Before the Court of Justice of the European Union: A Study of Judicial Activism in the EU

Groustra, Josje LU (2017) STVM23 20171
Department of Political Science
Abstract
Since the CJEU’s creation, it has been significant to solidify and review European Law. However, rather than merely being the dispute arbiter of the European Union, it is also seen to be a driver for political change and integration. The involvement of the CJEU in political matters has often been associated with judicial activism. An area especially prone to this phenomenon has been fundamental rights. The CJEU’s involvement over the years has been pivotal in establishing the European fundamental rights framework. The judicial activism in a relatively uncharted area in this field, external relations, was analyzed through a qualitative case study of the CJEU case Polisario Front, concerning the application of a EU trade agreement to the... (More)
Since the CJEU’s creation, it has been significant to solidify and review European Law. However, rather than merely being the dispute arbiter of the European Union, it is also seen to be a driver for political change and integration. The involvement of the CJEU in political matters has often been associated with judicial activism. An area especially prone to this phenomenon has been fundamental rights. The CJEU’s involvement over the years has been pivotal in establishing the European fundamental rights framework. The judicial activism in a relatively uncharted area in this field, external relations, was analyzed through a qualitative case study of the CJEU case Polisario Front, concerning the application of a EU trade agreement to the non-self-governing territory of Western Sahara. This thesis concluded that the judgments in this case contributed to the expansion of influence of fundamental rights in European external relations through judicial activism by the CJEU. (Less)
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author
Groustra, Josje LU
supervisor
organization
course
STVM23 20171
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Judicial Activism, Judicialization, Western Sahara, Fundamental Rights, Court of Justice of the European Union
language
English
id
8922627
date added to LUP
2018-04-27 10:14:22
date last changed
2018-04-27 10:14:22
@misc{8922627,
  abstract     = {Since the CJEU’s creation, it has been significant to solidify and review European Law. However, rather than merely being the dispute arbiter of the European Union, it is also seen to be a driver for political change and integration. The involvement of the CJEU in political matters has often been associated with judicial activism. An area especially prone to this phenomenon has been fundamental rights. The CJEU’s involvement over the years has been pivotal in establishing the European fundamental rights framework. The judicial activism in a relatively uncharted area in this field, external relations, was analyzed through a qualitative case study of the CJEU case Polisario Front, concerning the application of a EU trade agreement to the non-self-governing territory of Western Sahara. This thesis concluded that the judgments in this case contributed to the expansion of influence of fundamental rights in European external relations through judicial activism by the CJEU.},
  author       = {Groustra, Josje},
  keyword      = {Judicial Activism,Judicialization,Western Sahara,Fundamental Rights,Court of Justice of the European Union},
  language     = {eng},
  note         = {Student Paper},
  title        = {Polisario Front Before the Court of Justice of the European Union: A Study of Judicial Activism in the EU},
  year         = {2017},
}