Avrupa Birliği Anayasalaşma Sürecinde Adalet Divanı’nın Rolü: Divanın Ulusal Mahkemelerle İlişkileri ve Yorum Yetkisinin Sınırları Bağlamında Bir Analiz

Yıl 2004, , 121 - 149, 01.05.2004

Sanem Baykal

https://doi.org/10.1501/Avraras_0000000085

Cited By: 2

Öz

The European Court of Justice has played a significant role as regards the proper
interpretation and effective enforcement of EU law since the establishment of the
integration process. The well functioning cooperation relationship between the national
courts and the European Court of Justice has largely contributed to the success of the
Court in that regard. Within confines of this articl,e an attempt will be made to analyse
this crucial relationship and the reasons behind its relative smooth functioning to this
day with a view to discern the patterns and atitudes which might jeopardise this
cooperation. In that context, the claims regarding the so-called judicial activism of the
European Court of Justice will be explored. Here it is argued that such claims are
unfounded: the Court functions within the limits of its competences, and exercises its
interpretative function in accordance with methods and techniques accepted in domestic
or international law, albeit ocassionally in a controversial manner. Thus, the relative
decrease in the number of the controversial judgments of the Court in the 90s stems
only to a limited extent from the restraint triggered by the reaction of the national
governments or the national courts. The reasons behind this development are threefold:
first, the fundamental principles and the constitutional character of the EU law have
already been well-established in the national legal orders by the 90s; second, during
this period, the political institutions of the EU and the Member States have embarked
upon a vigorious process of legislative activity; and third, the ongoing political redefinition process has obliged the Court to take a considerably less significant role.  

Anahtar Kelimeler

Avrupa Birliği, Anayasa, Adalet Divanı