The Draft Constitution for Europe: Boon or Bane of the European Court of Justice?
There is an overwhelming consensus within the European media and public opinion that the rejection of the draft Constitution for Europe by France and the Netherlands marks a major setback for European Union (EC). In particular, it is thought that the EC's primary judicial body, the European Court of Justice, will suffer as a result of the Constitution's defeat, because the document introduced several new provisions that, according to some, would have helped bolster the jurisdictional authority of the Court. Through a thorough comparative analysis of the draft Constitution and previous EC treaties, this study sought to determine the accuracy of that assumption and found that the Constitution's (apparent) defeat does, in fact, represent a missed opportunity for the Court to solidify its power and increase its autonomy vis-à-vis the other EC institutions and the national judiciaries of the member states.
School:
University of Washington
Department:
History and Political Science
Research Advisor:
Thomas Ginsburg
Department of Research Advisor:
Law & Political Science
Year of Publication:
2005