| Review of: | The European Union and its Court of Justice by A. Arnull |
|---|---|
| Reviewed By: | Declan J. Walsh |
| Reviewed in: | Journal of Common Market Studies |
| Date accepted online: | 10/04/2008 |
| Published in print: | Volume 45, Issue 05, Pages 1159-1167 |
Book Reviews
The European Court of Justice (ECJ) is often viewed as the least well known of the primary institutions of the European Union yet it has arguably had a more decisive influence over the development of Community policies than any other institution over the past 50 years. From former Prime Minister John Major to former Austrian Chancellor Wolfgang Schüssel there has been no shortage of political critics of the Court throughout its years of judicial activism. Schüssel in particular has suggested that in recent years the Court has acted beyond the scope of the treaties. Anthony Arnull's second edition of this excellent work brings us through many of the most controversial decisions of the Court in various areas of Community policy and also brings to life the operation and functioning of an institution that although remote to many is in effect a powerful engine in policy development and enhancement.
For many readers from a common law background the book will be a vital tool in understanding the structure and operation of the Court, from its fixed term appointments and single judgements to the vital significance of the preliminary rulings procedure under Article 234 EC. The statistics on the increasing case load of the Court gives the reader a clear understanding of its ever more significant role. Like all constitutional courts the ECJ goes through many phases of activism. So whereas in the first edition Arnull devotes time to considering the judicial restraint exhibited in a case such as
Citizenship of the Union is a classic example of the value of this text in demonstrating the significant role played by the Court in developing rights for individuals. From its initial appearance in the TEU the concept of citizenship has been greatly advanced by the Court in a series of recent cases. The rapid development of case law in this area is evidenced by the much expanded section devoted to it compared to the first edition. One can already envisage the need for a further edition as the Court continues its journey down the road of judicial activism. Anthony Arnull is to be commended for bringing forward such an accessible text that focuses on the huge significance of the ECJ across the entire ambit of community law and policy. It is essential reading for all who have an interest in European Union law and is a reminder of the vital role played by the European Court of Justice over the past 50 years.