European Court of Justices Activism in European Integration Essay

European Court of Justices Activism in European Integration - Essay object lessonOne of the major features of ECJ reflects in its weakness as compared to the courts on national levels, especially so outlying(prenominal) 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 supranational 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 criticism from various sources for its activism and political aim its position as an international legal framework has been pivotal in the settlement of various issues (640). The reason ECJ Judge Federico Mancini while admitting that judges are often incompetent when it comes to the question of lawmaking contends, referring to the stagnation in the process of European integration, that it has been the judicial activism of t he ECJ that helped salvage this situation (640). In the melee of debates revolving around the functioning of ECJ and its congeneric with the member nations of European Union, it transpires that on the one hand legal fraternity focuses on the relationship amongst national law and European law, while on the other, political discussions often revolve around the intuitive feeling 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 original 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 jurist in specific cases (363).