Present and Future European Judicial Problems after Enlargement and the Post-2005 Ideological Revolt

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Series Details Vol.44, No.6, December 2007, p1661–1687
Publication Date December 2007
ISSN 0165-0750
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Publishers Abstract:
The post-2005 severe EU ideological turmoil is not likely to stir up more deeply felt, critical and long-lasting consequences for the EU's judiciary than for its political branches of government. Invisible but nonetheless tangible barriers will operate to make the rendering of ground-breaking new constitutional law more difficult. This paper deals with the loss of faith in the ever-closer-union vision which the referenda in the Netherlands and France laid bare and the predicable impact of this loss of faith on on the Court of Justice's constitution-making. In the light of the remarks regarding the effect of the Grand Chamber in creating two groups of judges, it is possible that by giving the non-elite judges a voice, and perhaps even a face and a name, this might defuse some of the present tensions caused by the judicial members' highly differentiated access to prestige and influence.

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