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Module 1 - Question 1 The European Court of Justice has been described as 'judicially activist' and has been accused by some critics of delivering judgments that are inconsistent with the Treaties. Are these criticisms fair? Page Introduction 2 Free Movement of Goods 4 General Principles of European Law 9 Criticism 12 Conclusion 17 Books 20 Cases 21 Journal/Book Articles 23 Table of Treaties, Regulations and Directives 25 CONTENTS Introduction Judge Robert Lecourt introduced the idea of a 'people's court', an alleged concern for the safety of the weak by the ECJ. However surely, the Court's activism has been useful to a number of individuals. The French Prime Minister, Michel Debre, said in 1979, 'J'accuse la Cour de Justice de megalomanie maladive'1. Moreover, Margaret Thatcher, at the Maastricht Treaty said that 'some things at the Court are very much to our distaste'2. Furthermore, attacks have been made by the German press3 and by Hjalte Rasmussen where it has been blamed of 'revolting judicial behaviour'4. However, the European Court has been placed...

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