Enabling government – The role of constitutional adjudication in the European integration process

This paper discusses the role of constitutional adjudication by highlighting the facilitative role played by the European Court of Justice and national constitutional courts throughout the process of European integration. Courts involved in judicial review of legislation, it is claimed, do not necessarily operate in opposition to government; rather, their activity can be conceived of as enabling a variety of governmental regimes and policy strategies. Indeed, only in rare circumstances do constitutional adjudicators inhibit policy-making; more often, their role is a facilitative one in that it reinforces or corrects legislative measures without hindering the pursuit of legitimate collective goals.