| Abstrakt: |
This article explores judicial review within the European Union, with a view to the role of the Court of Justice of the EU (CJEU) in overseeing the political branches. Judicial review assumes significance in upholding political accountability and preventing the potential abuse of power. To shed light on the practical aspects of the CJEU's practices, the article conducts an empirical analysis of rulings in three policy fields: trade, migration, and the Economic and Monetary Union (EMU), focusing on variables such as legality, review standards, assessment of legal bases, and competence. The findings reveal varying standards of scrutiny, with both policy area and the intensity of review being associated with the CJEU's de facto strike-down rates. This study highlights the evolving nature and function of judicial review, where the tension between discretion, democratic accountability, and the separation of powers persists. [ABSTRACT FROM AUTHOR] |
