ABSTRACT
The chapter discusses the constitutionalization of the Treaty through the case law of the European Court of Justice (ECJ). It focuses on the ECJ's role in the policy process begins with a discussion of role of the Court in the implementation of European policies. The political role of courts is influenced by the standard assumption of the separation of powers where courts adjudicate conflicts based on laws being legitimated by the legislature. The case law on the four freedoms of goods, services, persons, capital with its recent addition of citizenship rights is an important base, the provisions of competition law and non-discrimination. The proposal for services directive, published by the Commission in early 2004, resulted in the first highly politically contentious discussion of a single-market directive in the history of integration. The chapter also discusses the Citizenship Directive of 2004, the Services Directive, the 2008 Regulation for Mutual Recognition in Goods, and the failed Working Time Directive in detail.
