Avrupa Birliği Anayasalaşma Sürecinde Adalet Divanı’nın Rolü: Divanın Ulusal Mahkemelerle İlişkileri ve Yorum Yetkisinin Sınırları Bağlamında Bir Analiz
The European Court of Justice has played a significant role as regards the properinterpretation and effective enforcement of EU law since the establishment of theintegration process. The well functioning cooperation relationship between the nationalcourts and the European Court of Justice has largel...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Ankara University
2004-05-01
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| Series: | Ankara Avrupa Çalışmaları Dergisi |
| Subjects: | |
| Online Access: | https://dergipark.org.tr/en/download/article-file/847857 |
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| Summary: | The European Court of Justice has played a significant role as regards the properinterpretation and effective enforcement of EU law since the establishment of theintegration process. The well functioning cooperation relationship between the nationalcourts and the European Court of Justice has largely contributed to the success of theCourt in that regard. Within confines of this articl,e an attempt will be made to analysethis crucial relationship and the reasons behind its relative smooth functioning to thisday with a view to discern the patterns and atitudes which might jeopardise thiscooperation. In that context, the claims regarding the so-called judicial activism of theEuropean Court of Justice will be explored. Here it is argued that such claims areunfounded: the Court functions within the limits of its competences, and exercises itsinterpretative function in accordance with methods and techniques accepted in domesticor international law, albeit ocassionally in a controversial manner. Thus, the relativedecrease in the number of the controversial judgments of the Court in the 90s stemsonly to a limited extent from the restraint triggered by the reaction of the nationalgovernments or the national courts. The reasons behind this development are threefold:first, the fundamental principles and the constitutional character of the EU law havealready been well-established in the national legal orders by the 90s; second, duringthis period, the political institutions of the EU and the Member States have embarkedupon a vigorious process of legislative activity; and third, the ongoing political redefinition process has obliged the Court to take a considerably less significant role. |
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| ISSN: | 1303-2518 |