European Court of Justices Activism in European Integration Essay

European Court of referees Activism in European Integration - Essay ExampleOne of the major features of ECJ reflects in its weakness as compared to the courts on depicted object levels, especially so far it relates to compliance with the judgments it passes (639). On the other hand, its power transcends that of other tribunals of an international level such as the International Court of Justice and, therefore, it always remains as the center of scholarly attention (640). Though from a political perspective, the court has come under a volley of literary criticism from various sources for its activism and political role its position as an international legal framework has been pivotal in the settlement of various issues (640). The former ECJ Judge Federico Mancini patch admitting that judges are often incompetent when it comes to the question of rightmaking contends, referring to the stagnation in the process of European integration, that it has been the judicial activism of the EC J that helped salvage this situation (640). In the battle royal of debates revolving around the functioning of ECJ and its relation with the component nations of European Union, it transpires that on the one hand legal fraternity focuses on the relationship between national law and European law, while on the other, political discussions often revolve around the notion that ECJs conduct rather serves the interests of the most powerful EU member nations (640).Judicial activism can be perceived as a process by which judges redefine or modify a law from its trustworthy position as envisaged in legal sources whereby they substitute their decisions for that of elected, representative bodies (Popovic 2009363). This definition of Judicial Activism, proposed by Justice Paul Mahoney, condemns judicial actions which are intended or required to achieve justice in specific cases (363).