The constitutional jurisprudence of the ECJ is a paradigm of judicial activism. Discuss in relation to either State Liability Or Art. 234 EC. (This discussion shall be in regard to Article 234 EC.)
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[22045] European Union Law 4. The constitutional jurisprudence of the ECJ is a paradigm of judicial activism. Discuss in relation to either State Liability Or Art. 234 EC. (This discussion shall be in regard to Article 234 EC.) In the following discussion it is necessary to examine the relationship that exists between the European Court of Justice1 residing in Luxembourg, and the National Courts of each member state across Europe within the Union. It will be important to look at this link between the two in order to establish the subsequent role of Article 234 EC2, its purpose, and the reasoning behind it. Moreover, we shall scrutinise the way that the ECJ uses Art234 in developing Community Law as a whole, and exerting a certain degree of supremacy over each Member State. Furthermore, we ought to investigate as suggested by the discussion title, the checks and balances associated through the use of Art234...


