This is a past event
Dr Thomas Horsley from the University of Liverpool will speak as part of the Law School's research seminar series 2014-15 on "Ways of Seeing: The Court of Justice and Judicial Lawmaking". (Curriculum Vitae)
Abstract
The study of judicial lawmaking and its legitimacy within the EU legal order is back in vogue. Several recent legal analyses offer fresh, critical assessments of "judicial activism" (or, conversely, "judicial restraint") charges levelled at the Court of Justice. The prevailing approach to the topic in the legal scholarship recognises the relatively autonomous position of the Court within the EU’s constitutional architecture and critiques the Court’s contribution to EU lawmaking against orthodox principles of judicial adjudication. In this paper, which builds on my existing work in the area, I will argue that discussion of judicial lawmaking and its legitimacy requires EU legal scholars to adopt a broader theoretical perspective, which takes full account of – and engages directly with – the Court's “transformed” position within the EU legal order as an “institutional actor.” The “institutional actor thesis” developed in my work positions the Court of Justice directly alongside the Union’s legislative (and administrative) institutions as a leading policymaker in EU integration. It has both explanatory and normative character and, as I will outline in my paper, offers an enhanced and compelling intellectual framework to explore perennial issues of EU competence control in the judicial context.
- Hosted by
- School of Law
- Venue
- New King's NK11
- Contact
-
This event is free of charge; no booking is necessary.
Please visit our Research Seminar webpage for our full programme.