Europe's Constitutional Court : The Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers in the European Union

Abstract

This book examines the Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers of the European Union. This constitutional role is examined from five different angles. Chapters II and III examine the role of the Court of Justice in the Separation of Powers in the European Union, looking at the scope (Chapter II) and limits (Chapter III) of its judicial review. A similar structure will be used for Chapters IV and V with regard to the Division of Powers of the European Union, examining the scope (Chapter IV) and limits (Chapter V) of its case law regarding the Division of Powers in the European Union. Subsequently, Chapter VI will analyse what the effects of the fundamental rights case law of the Court of Justice have been with regard to the intertwined Separation of Powers and Division of Powers. It will be demonstrated that the Court of Justice has not attempted to paint the constitutional principles which existed in Treaties, but rather has interpreted the Treaties as a “Living Constitution”, giving a constitutional interpretation to an EEC Treaty evolving into a constitution.