Abstract
The chapter on democratic legitimacy and the Court of Justice of the European Union (CJEU) focuses on whether the CJEU through judicial activism may be claimed to have established its jurisprudence beyond the bounds of democratic legitimacy. Judicial activism has to a large extent been found in cases concerning the prerogatives of the CJEU, while in relation to other issues, such as the application of fundamental rights, the CJEU has demonstrated political awareness in its use of judicial activism, which however has diminished legal certainty. In general the CJEU has acted within the bounds of democratic legitimacy, but further clarification of its jurisprudence in controversial areas may be required, as any amendment of the EU treaties in the near future would seem unlikely.
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References
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CJEU Jurisprudence
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Other Jurisprudence
Judgement of the Supreme Court of the Northern Territory of Australia in case Milirrpum v Nabalco Pty Ltd, published in 1971 in 17 FLR 141.
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Gjørtler, P. (2017). Democratic Legitimacy and the Court of Justice of the European Union. In: Pérez de las Heras, B. (eds) Democratic Legitimacy in the European Union and Global Governance. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-41381-5_8
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