Judicial policymaking in the supranational context - the European Union and its experiences

• Main Author: Roman, Vlad Dan
• Format: Others
• Language: English
• Published: Malmö högskola, Fakulteten för kultur och samhälle (KS) 2014
• Subjects: Social Sciences; Samhällsvetenskap
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23320

Even though we are living in societies based on the principle of separation of powers, the current internal and international status quo develops mechanisms that depart from the traditional way of perceiving this idea.By giving primacy to constitutional review instruments, executives and legislatives are no longer the only policy makers actors; the involvement of judges in policy issues dilutes the politicians’ powers in this resort and brings legal expertize into play; moreover, as nowadays states commit themselves on the international arena, ‘judicialization’ of politic’ is also happening as a result of the creation of supranational Courts. The purpose of this thesis is to analyze what are the actual mechanisms through which such behavior is developed, which are the affected areas of interest and what kind of issues does the practice per se develop. In this matter, the result is a complex one due to the process’s dynamics and the fact that it is constructed on a particular decisional path that is composed of judicial decision-making and its subsequent political effects.