Judicial activism and judicial rule-making of the Court of Justice of the European Union

In the present article the author stipulates the preconditions for applications of the notion “judicial activism” to the activity of the Court of Justice of the European Union. The article reflects the origin of this notion which is intrinsically connected with the decisions of the US Court and then has been imported by academics for analysis of international courts and tribunals. The author argues that judicial activism of the CJEU was not only unavoidable for the period of legislative lethargy but remains to be one of the major characteristics of the contemporary activity of the CJEU. This fact could be explained be self-positioning of the CJEU as a Supreme Court of the Union.

About the author: Alexey Ispolinov – Candidate of Sciences (Ph.D.) in Law, associate Professor, Head of the International Law Department of Moscow State University.

Citation: Ispolinov A. (2016) Sudebnyy aktivizm i sudebnoe normotvorchestvo Suda Evropeyskogo Soyuza [Judicial activism and judicial rule-making of the Court of Justice of the European Union].Mezhdunarodnoye pravosudie, no.1, pp.81–94. (In Russian).