Talking about the European Court: Discourses of Judging in the European Union

Abstract

This article examines the four primary discourses of judging that dominate discussion of the European Court of Justice (ECJ) and its role in the process of European integration. These discourses present sharply contrasting views of what the Court does and what role it plays in the EU's legal system. The article argues that these conflicting discourses are not merely rival depictions of the ECJ, but that they have also influenced the process of European legal integration – and not always in the ways those voicing them intended.

Citation

Kelemen, R.D. (2012), "Talking about the European Court: Discourses of Judging in the European Union", Sarat, A. (Ed.) Special Issue: The Discourse of Judging (Studies in Law, Politics, and Society, Vol. 58), Emerald Group Publishing Limited, Leeds, pp. 139-157. https://doi.org/10.1108/S1059-4337(2012)0000058009