Originalism at the European Court of Justice

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Abstract

Gareth Davies There are various criticisms made of the European Court of Justice (the Court) , of which the most common tend to share a lot of ground: they cluster around the idea that the Court pushes EU law too far. This chapter does not make an argument about whether those criticisms are fair or justified. Rather, the chapter tries to unpack the nature of the criticisms, and consider what kind of action or change would disarm them. The core point of the chapter is to challenge the coherence of a common narrative about the Court. That narrative would present the Court as activist, and integrationist, and purposive, and complain that it behaves more like a political organ than a legal one, constantly pushing the text beyond what it can bear. The narrative would then go on to suggest that in order to have a more legitimate and limited legal...
Original languageEnglish
Title of host publicationThe Internal Market 2.0
EditorsSacha Garben, Inge Govaere
Place of PublicationOxford
PublisherHart
Chapter15
Pages323–334
Number of pages12
ISBN (Electronic)9781509939053, 9781509939060, 9781509939046
ISBN (Print)9781509939039, 9781509942640
DOIs
Publication statusPublished - 2021

Publication series

NameModern Studies in European Law
PublisherHart Publishing
Volume102

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