The political foundations of judicial independence in the European Union
研究了欧盟法院在多大程度上免受可能威胁司法独立的法院制约机制影响,发现其对这些机制有很好的抵御能力。
This contribution explores the political foundations of judicial independence in the European Union and asks to what degree the ECJ is insulated against court curbing mechanisms that might threaten judicial independence. The contribution reviews the major court curbing mechanisms identified in the literature on American law and politics and assesses the extent to which these mechanisms might be applied in restraining the ECJ. The evidence and analysis suggests that the ECJ is remarkably well insulated against each of the major court curbing mechanisms identified in the literature.