ABSTRACT

This chapter examines the role of the Court in the process of 'constitutionalising' the Treaty of Rome, and also in the general development of Community law. It considers the role of the Court of Justice in the making of substantive Community policy by examining developments in a number of sectors. The chapter presents an assessment of the contribution of the Court to the European policy process and an evaluation of the developing field of political science analysis of the Court. The 'constitutionalisation' of the Treaty of Rome is usually presented as though decisions of the European Court by themselves transformed the Treaty into the European constitution. The Court of Justice has played an important part in substantive policy development in Europe. Judgments made by the Court of Justice made a crucial difference in raising the issue of equality on the Community's legislative agenda, and in putting pressure on the member states to pass proposed legislation.