The European Court of Justice is now little more than a rubber stamp for the EU. It should be replaced with better alternative arrangements for central judicial guidance

摘要

Last Friday saw the ECJ taking on new roles as ‘enforcer’ of the new fiscal compact to limit budget deficits and debt across 25 EU member states. Damian Chalmers argues that the Court has grown too institutionally close to the EU to now be judicially effective. In order to check EU Institutions the ECJ could be replaced by a new Court with members drawn from national constitutional courts. And in interpreting EU law a European-wide database of national judgments would be cheaper and provide more legal certainty than the ECJ.