A doctrine of higher law? : the role of the European Court of Justice in consolidating the rule of law within the European Union

Abstract

This work focuses mainly on one of the institutions of the European Communities the European Court of Justice (ECJ). The idea is to break down the functions of this institution from the legal point of view building upon premises that have been presented within the academic field, particularly in the recent years of reaction to this institutions' activity. The aim of this work is to demonstrate that the unique nature of the ECJ is reflected within all of its functions as well as the tools it adopts to perform them. Subsequently, it is submitted that such a unique nature has allowed. and will probably continue to allow, the ECJ to be the prime mover and prime adapter to the necessities and particularities of a process of integration based on the rule of law. As explained in the introduction, the work is divided into four major parts in such a way as to clearly expose the functional classification that· I intend to elicit. The Parts, in themselves, are structured in such a way as to gradually develop an understanding of the main elements, doctrines and actors involved in defining the role of the ECJ in the consolidation of a system faithful to the concept of the rule of law. Great care has been taken in defining, or bringing to the reader's attention. concepts that are commonly used in such analyses. These concepts are in continuous use in academic contributions and extended references are also included for the benefit of those readers who would like to pursue further research in a particular aspect. The question 'A Doctrine of Higher Law?' is more of a rhetorical allusion to the myriad arguments surrounding the ECJ's interpretation of its role as consolidator of the rule of law than a factual interrogation. It constitutes my first encounter with the argument that opened (in Huxley's words) 'A Brave New World' for me - giving a new perspective to the nature of that vague term European Law'.