A Study on Judicial Activism of The Court of Justice of the European Communities

• Main Authors: Chien-chang Chen, 陳建璋
• Other Authors: Fu-ching Wang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/21396278624732057720

碩士 === 南華大學 === 歐洲研究所 === 97 === 　　Here I would like to discuss about the involvement of the integration of Europe Member States between the interests of disputes. Although the mutual thing will to balance the interests of the overall compromise and concession. However, this process of negotiations, in some degree of impairment would be an integrated force. As the insight of this, the preliminary ruling by the European court procedures is a judicial activism of the judicial philosophy of judicial law-making. Europe can be integrated as an on-going force with a bit of legislation on behalf of the exercise. In this judicial law-making, the EU Court creates the principle of priority that can directly affect the application of the principle of European Community law than the recent federal law. Another principle of State responsibility is created to ensure that the people of Member States to Member States are not to have conversion of its legislative interests of the people. They are not to request judicial relief. Nevertheless, the EU Court of Justice still favours this law-making and active integration into the European Federation of the process. However, for this reason, a lot of the points have been severely criticized. Even though it has been said that the scholars are in the EU Court of the European Union''s efforts to protect the basic human rights. They are also to look after the European Community and the Member States, of their contribution to the division of powers. Scholars address members of the European Community law and national laws that are conflicting with the strengthening of the four free Circulations. Why the EU by the court on behalf of the legislators to promote the integration of Europe will be subject to criticism? The main disagreement is whether The Court of Justice of the European Communities of the authority to regulate the loopholes in Community law, the legislative track line; Second, the EU court only as a result of an indirect legitimacy is the legitimacy of the judicial law-making basis; second, and The Court of Justice of the European Communities -by objective and purpose of the functional interpretation goes beyond than what it is. 　 　　The boundaries of interpretation of law and this generation of legislators have also suspected of the judicial authority. There is damage to the community relations body, which the checks and the balances are in danger. To become members of the domestic courts, one has often needed to withhold reservations on the attitude of the decision. Finally, The Court of Justice of the European Communities often an abstract interpretation of general principles of law in general, seem to be convinced not to let Hue based on the reasoning. In this paper, the purpose of the study is of The Court of Justice of the European Communities and the creation of active principles, with the contribution limits of the doctrine dispute also be discussed.