European Courts as Value-Harmonizing “Motors of Integration”

Josef Bejček, Professor at the Faculty of Law, Masaryk University, Brno, Czech Republic

Keywords

European courts, European integration, quasi-normative character of judicial decisions, judicialization of legal doctrine, value-based decision making, divergence between European courts and European Commission, uni-sex insurance, discrimination

Abstract

The paper first deals with the conditions and prerequisites of adopting European law before the former „real-socialist” countries joined the EU. The key role of European Courts is described by showing that they worked as de facto virtual legislators even before accession. It is emphasized that European Courts have provided the courts and antitrust authorities of new Member States with an inestimable value-based orientation. The EU judicial practice enhanced national legal standards and legal culture in the respective countries. The second part of the contribution contrasts with this positive tone. An example of a serious inconsistency in values between the Court of Justice of the EU and the European Commission is shown concerning their divergent views on “uni-sex insurance” and the draft directive on women’s representation in board member positions. There is substantial disagreement in this matter, which weakens and endangers the integrative role of the CJEU and its habitual value-confirming impact. This disparity could to some extent depreciate the role of European Courts as „motors of integration”.

Recommended Citation

Bejček, J. (2014). European Courts as Value-Harmonizing “Motors of Integration”. Yearbook of Antitrust and Regulatory Studies, 7(9), 13-30. Retrieved from https://press.wz.uw.edu.pl/yars/vol7/iss9/1