ABSTRACT

Two prominent jurists recently proposed a reform of the European Court of Justice that aims at adapting it to the gradual federalisation of the Community (European political union) and particularly to the extension of majority voting in the Community council. Their judicial proposal would, however, generally reinforce the contemporary tendency of the Court to defend all legislative initiatives of the Community. This account presents several alternative reforms that could better respond to the political need for an impartial arbiter for conflicting interpretations of Community competences. Debate on the political role of the European Court of Justice and on its reform must be considerably broadened.