The Independence and Legitimacy of the European Court of Justice

Abstract The chapter argues that the Court of Justice enjoys an institutional, functional, and social legitimacy. This institutional legitimacy refers to its independence. Its functional legitimacy stems from its work, the Court having managed to position itself as the main agent of the construction of the European legal order. However, judge-led integration arouses the reproach of judicial activism, and hence risks eroding its social legitimacy, i.e. the public support it enjoys. Indeed, the Court of Justice is faced with increasing criticisms, primarily from the Member States. In order to avoid a weakening of its legitimacy, the Court has to respect the telos of the European Union, which is to keep the balance between integration and maintenance of the statehood of the Member States, namely respect for their national constitutional identities and essential state functions. That duty requires specific methods of adjudication which the chapter endeavours to list.