ABSTRACT

The Court of Justice of the European Union (CJEU) is regarded as a hybrid court, performing the functions of a constitutional court, a supreme court, and an administrative court. Exercising its competence, the CJEU has been a driving force for European integration. Since the 1960s, it has been presenting a dynamic method of Treaty interpretation and at the same time has been criticized by the Member States for transgressing its competences and acting ultra vires. This chapter will analyse the cases where the CJEU has offered extensive interpretation of the Treaties presenting its activist approach by creating new legal norms of general application. The cases will be divided into four categories depending on the objectives and the underlining motives of the Court approach: strengthening the integration, safeguarding the powers of Union institutions, protecting the rights of individuals, and increasing the effectiveness of Union law through effective judicial protection.