ABSTRACT
The traditional view, the view supported by the EU's legal community and most judges of the European Court of Justice (ECJ), has been that the Court is a non-political, neutral arbitrator. Criticism of the ECJ’s activism has tended to come from the academic community rather than governments. Political progress towards further integration appears to be an important constituent in the EU's new order, affecting all aspects of Community life. Some political scientists already regard Europe of concentric circles as a fact of life. Although legal experts and political scientists agree that the EU is not a fully fledged federation and the Treaty of Rome is not a Constitution they also concede that the ECJ has acted as if it is the Constitutional Court of a federation. The problem with legal minimalism, as an option or temporary active doctrine of the ECJ, is that it creates uncertainty.
