‘Judicial activism in a changing European legal order’ – Workshop ‘Judges in Utopia’, Amsterdam 28-29 September 2017

Theory and practice suggest that the European judiciary increasingly takes on a more active role when deciding on cases in which different norms conflict. The courts are increasingly called upon to balance different values and to reconcile conflicting interests, such as balancing public interests in private relationships, as in Urgenda (2015) and CJEU Aziz (2013). Such delicate balancing necessarily comprises legal-political and institutional dimensions, and the court’s value-judgements as such invariably yield political implications. At present, a continuing ‘Europeanisation’ of private law extends this judicial balancing to the interplay of national and supranational rules in the multi-layered order of the EU, involving diverging ideas of justice and principles of law at the interface of EU and national private laws … (more)

[Timo Zandstra, Judges in Utopia, 15 October]

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