Legal scholarship views the separation between law and politics as a source of legitimacy of judicial decision making (Lenaerts, 2019). This links judicialization of disputes with their de-politicization. In European studies, de-politicization has been the main narrative explaining the relative success of ‘integration through law’ (Burley & Mattli, 1993). In light of an increased polarization trend of European politics, we have observed limits to the power of the European Court of Justice to de-politicize disputes “by the mere force of law” (Blauberger & Martinsen, 2020). This paper investigates the question of politicization of disputes before the ECJ could be viewed as a double movement – de-politicizing them on the micro-level of individual cases and re-embedding in the EU-level political debates through an incremental approach in a line of cases in a particular domain. The question is analyzed based on the jurisprudence regarding democratic backsliding in Hungary and Poland.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!