van der Vleuten, ‘Transnational LGBTI Activism and the European Courts’, 2014

Category: Literature
Source: European Union
Subject: Sexual Orientation/Sexuality, Gender Identity, Intersex, Refugee/Asylum, Migration, Human Rights, LGBT+
Place: Europe
Year: 2014
URL: http://link.springer.com/chapter/10.1057%2F9781137391766_6

A. van der Vleuten, Transnational LGBTI Activism and the European Courts: Constructing the Idea of Europe, in P.M. Ayoub and D. Paternotte (eds.), LGBT Activism and the Making of Europe: A Rainbow Europe?, 2014, Basingstoke: Palgrave, 119–144.

Abstract:

In the famous words of former judge Pierre Pescatore, the Court of Justice of the European Union (ECJ) has always been inspired by “une certaine idée de l’Europe,” meaning that the judges defined their mission as contributing to an ever-closer union between the peoples of Europe (Pescatore 1983: 157). This and similar statements have led to criticism among legal scholars, constitutional courts, and governments. They have questioned the activism of the judges, which, it is argued, could turn the ECJ into another European human rights court whereas its mandate was to contribute to market integration by enforcing intergovernmental bargains and resolving trade-related disputes (Garrett 1995).