The report tackles the sensitive issue of whether the ECJ has imposed an undemocratic ‘government by judges’ on Europe, as well as its impact on immigration, foreign policy, criminal justice, social policy and human rights. The report finds that most of the time the Luxembourg-based Court is an enormous asset for national governments. The ECJ has helped to force open European markets, uphold the rule of law across borders and defend the rights of the individual on numerous occasions. Its judges have also proved a calming influence during the eurozone crisis.
But the ECJ also needs reform commensurate with its expanding powers and a rapidly-growing caseload. Minor changes would improve its connectedness to the outside world and the transparency of proceedings before EU judges. These should include the publication of the exact legal arguments at stake in each individual case and a visiting programme for national parliamentarians.
